ELEVENTH CIRCUIT AFFIRMS SUMMARY JUDGMENT FOR SHUTTLE COMPANY’S DEFENSE TO OVERTIME WAGE CASE

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 shuttle 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 advises management regarding various problems they encounter with employees, including issues involving employee compensation, misconduct, performance problems, demotion, and termination. Mr. Mavrick also has successfully represented many employers when current or former employees threaten legal action. Mr. Mavrick regularly studies changes in federal and Florida labor and employment laws, including legal trends affecting the interests of management.