3d Cir. Says Armored Car Driver Didn’t Fall Within Motor Carrier Overtime Exemption

An armored car driver in New Jersey who spent 49 percent of her total work days in vehicles weighing less than 10,000 pounds is entitled to overtime pay under the Fair Labor Standards Act because she doesn’t fall within the law’s motor carrier exemption, the U.S. Court of Appeals for the Third Circuit ruled March 11 (McMaster v. Eastern Armored Servs., Inc., 3d Cir., 14-1010, 3/11/15).

Affirming summary judgment for Ashley McMaster, a former employee of Eastern Armored Services Inc., the Third Circuit noted that Section 306(a) of the SAFETEA–LU Technical Corrections Act states that the FLSA’s ...