Langdon Davis Law Firm Secures Appellate Victory for Trucking Companies
Posted on Aug 24, 2016 5:05pm PDT
Langdon Davis Law Firm is proud to announce a victory on behalf of our
clients in the United States Court of Appeals for the Eighth Circuit.
Attorneys Brent Langdon and Lisa McPherson successfully asserted the rights
of their clients and proved that the plaintiffs were exempt from overtime
pay according to the federal Motor Carrier Act.
"We are very pleased that the Eighth Circuit Court affirmed the trial
court’s ruling on summary judgment applying the motor carrier exemption,"
Attorney Langdon told Bloomberg BNA. "This is a clear, non-dissenting
opinion reflecting the importance and necessity of the motor carrier exemption
for interstate carriers."
Attorneys Langdon and McPherson represented Tutle Trucking Inc. and Schlumberger
Ltd., the two defendants in the case. The plaintiffs were 11 truck drivers
who claimed to be owed overtime pay for their work for the two companies.
However, a Motor Carrier Act exemption provides that drivers are not eligible
for this kind of overtime compensation if there is "reasonable expectation"
that there would be required interstate travel.
The drivers tried to argue that the interstate travel that they did do
for the defendants was irregular and minimal, making them eligible for
the overtime pay. However—as Attorneys Langdon and McPherson asserted—company
records show that the drivers did travel on interstate assignments for
the defendants, some of them multiple times. The court ultimately agreed
in a unanimous decision, writing: "The Motor Carrier Act exemption
applies even where interstate transportation makes up a small percentage
of an employee’s duties," and that the interstate travel by
the plaintiffs was not "trivial, casual or insignificant."
We congratulate Attorneys Langdon and McPherson for their courtroom victory
and know that this case will stand as just another example of the quality
work and diligence our firm is ready to provide our clients.
If you are facing an urgent matter involving employment law, privacy laws,
finance laws, or any other commercial litigation issue, then the dedicated
team at the
Langdon Davis Law Firm is ready to hear from you. Our skilled and award-winning Texarkana commercial
litigation attorneys have proven themselves in and outside the courtroom
and are prepared to bring incisive and thorough counsel to you and your
businesses' legal goals.
Our team is ready to speak with you. Call us at 903.223.3246 today to request
a confidential consultation.