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Eleventh Circuit Affirms Summary Judgement For Shuttle Company's Defense To Overtime Case

Attorney Peter Mavrick
Website

02/04/11

Abel v. Southern Shuttle Services, Inc., 620 F.3d 1271 (11th Cir. 2010), affirmed summary judgment for a shuttle company that was sued for overtime wages. The shuttle company won the case because it showed it was not subject to the federal overtime wage law, i.e., the Fair Labor Standards Act, because of an exemption under the Motor Carrier Act. The shuttel service transported passengers to and from the airport who were flying in and out of the State of Florida. The company's local transport of travelers had a "practical continuity of movement" with the overall interstate journey. In addition, the airport shuttle drivers engaged in activities that directly affected the safety and operation of motor vehicles in the transportation of passengers on the public highways. This Eleventh Circuit opinion was not an outlier. It followed the reasoning of previous district court and appellate opinions in applying the motor carrier exemption to the Fair Labor Standards Act.

Attorney Peter Mavrick practices in the area of employment and labor law, defending small, medium, and large businesses in South Florida. His practice also includes a great deal of advising management and human resource departments regarding employment law issues, including employee discipline, demotions, and terminations. His office is located in Fort Lauderdale, Florida. This article is intended for information purposes only and is not a substitute for legal advice tailored to a particular client's situation. Peter Mavrick can be reached at: Website: mavricklaw.com; Telephone: 954-564-2246; Address: 1620 West Oakland Park Boulevard, Suite 300, Fort Lauderdale, Florida 33311; Email: pmavrickesq@yahoo.com.

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