Third Circuit Tosses Bus Drivers’ FLSA Suit

May 13, 2015 – In The News
The Legal Intelligencer

Randall Schauer was featured in The Legal Intelligencer article, “Third Circuit Tosses Bus Drivers' FLSA Suit.” Full text can be found in the May 13, 2015, issue, but a synopsis is noted below.

The Third Circuit recently ruled that the bus drivers for Krapf’s Coaches Inc. (KCI) are exempt from the Fair Labor Standards Act overtime wages because they drive across state lines.

According to the ruling, the Motor Carrier Act exempts the drivers from the FLSA’s overtime wages because the drivers are subject to the governing of the Department of Transportation and the specifications of the type of driving applies directly to the MCA.

Randall Schauer represented KCI in the case. He commented that the Third Circuit did an appreciable job regarding aspects of the case in which there weren’t many prior examples to look at.