In the case of Johnson v. Hix Wrecker Service, Inc., Bobby Johnson claimed that his employer, Hix Wrecker Service (Hix) a tow truck company, did not provide overtime compensation for the hours worked over 40 per week. Johnson claimed that as a tow truck driver, he worked 12-hour shifts for 6 days a week. He was only paid a flat rate but was never paid overtime.
Hix argued that Johnson was exempt under the FLSA because he was a motor carrier employee. The FLSA exempts employees who are employed by motor carrier companies engaged in interstate commerce and whose hours are regulated by the Secretary of Transportation.
The Court of Appeals affirmed that Johnson was subject to the Secretary of Transportation’s regulations and also affirmed that Hix was involved in interstate commerce.
As a result, the Court of Appeals decided that Johnson was not entitled to overtime pay and awarded Hix with an amount that covered costs and attorney’s fees.
Key lessons from this case:
- Employees of motor carrier companies engaged in interstate commerce are exempt from overtime pay if their hours are regulated by the Secretary of Transportation.
- Costs and attorney’s fees can be awarded to the side that wins the court case. It is not only for the person who filed the lawsuit.
- Employers who are engaged in interstate commerce must comply with regulations set by the Secretary of Transportation.
If you want to know more about overtime regulations, read our guide on Indiana Overtime Laws.
