Illinois Case Provides Clarification to the Motor Carrier Exemption to the FLSA
In Demma v. Chicago 24 Hour Towing, Inc., the United States District Court for the Northern District of Illinois provided further clarification on the Motor Carrier Exemption to the Fair Labor Standards Act.
In this case, a group of tow truck drivers contended that they were not paid overtime wages as required by the Fair Labor Standards Act, which generally requires that tow truck companies compensate any employee who works in excess of 40 hours per week at a rate 1.5 times the normal hourly wage.