In the case of Fenlon v. Nickelback Transport, Inc., Derek Fenlon filed a lawsuit against Nickelback Transport (Nickelback) for unpaid overtime wages under the Fair Labor Standards Act (FLSA) and North Dakota labor laws.
Fenlon, a former truck driver and manager for Nickelback, hauled various materials to and from oilfield locations within the state. He alleged that he and other employees were not properly compensated for overtime hours worked. Fenlon further claimed that Nickelback manipulated the overtime hours to reduce or eliminate its overtime payment obligations.
Nickelback claimed that the Motor Carrier Act (MCA) exemption applied to truck drivers. This exempted them from FLSA’s overtime provisions. The court considered a motion to dismiss filed by Nickelback, which included a declaration supporting their position. However, the court determined that the motion should be treated as a motion for summary judgment and denied it because discovery had not yet taken place.
The court also determined that Fenlon needed an opportunity to gather evidence and respond to the motion effectively. The court stated that Nickelback’s motion was premature and could be renewed after adequate discovery had been conducted.
Key lessons from this case:
- Motor Carrier Act (MCA) exemption under the FLSA exempts certain employees in the motor carrier industry from overtime pay requirements.
- The employer must provide evidence that an employee and other truck drivers fall within the exemption’s scope.
- Lawsuits involving overtime claims should adhere to pleading requirements by providing a clear statement of the claim and grounds for relief.
Learn more about North Dakota Overtime Laws through our detailed guide.
