United States District Court, M.D. Florida, Tampa Division
NICHOLAS LAURA, individually & on behalf of all similarly situated, Plaintiff,
J.D. PARKER & SONS CO., INC., Defendant.
D. WHITTEMORE District Judge.
THE COURT are Plaintiffs' Motion for Partial Summary
Judgment (Dkt. 36) and Defendant's response (Dkt. 40) and
Defendant's Second Motion for Summary Judgment (Dkt. 42)
and Plaintiffs' response (Dkt. 44). Upon consideration,
Plaintiffs' Motion is GRANTED and Defendant's Motion
Plaintiff Nicholas Laura and opt-in Plaintiff Lester McVicker
("Plaintiffs") were . employed by Defendant, a private
garbage collection company in Pasco County, Florida, as
garbage truck drivers. (Parker Dec, Dkt. 40-1 ¶¶ 3,
21). Plaintiffs allege they were paid a day rate and worked
overtime, but were not paid overtime compensation in
violation of the Fair Labor Standards, Act
moves for summary judgment contending that it is exempt from
the FLSA under the Motor Carrier Act Exemption. Plaintiffs
also move for summary judgment on the Motor Carrier ' Act
Exemption defense and for partial summary judgment on all
elements of their claim except for the number of overtime
hours, whether Defendant willfully violated the FLSA, and
whether Defendant can prove a good faith defense.
is a private company that collects residential trash and
recyclable materials in, Pasco County, Florida. (Dkt. 15-1
¶ 3). Plaintiffs were employed by Defendant as truck
drivers and were paid a day rate. (Dkt. 18-1¶¶ 1,
9; Dkt. 22-1). Defendant is registered with the Department of
Transportation ("DOT") and has an assigned DOT
number which is displayed on its trucks. (Dkt. ' 40-1
¶¶ 6-7). Defendant is registered as a private motor
carrier authorized to transport intrastate non-hazmat
garbage, refuse, and trash. (Dkt. 44-1). Defendant's
truck drivers regularly drive on public roads and U.S.
highways. (Dkt. 40-1 ¶ 18). After garbage is picked up
by the truck drivers, it is taken to the West Pasco Solid
Waste and Resource Recovery Facilities - West Pasco Class III
Landfill - Waste-to-Energy Facility located in Spring Hill,
Florida. (Id. ¶ 26).
judgment is appropriate where "there is no genuine
dispute as to any material fact and the movant is entitled to
judgment as a matter of law." Fed.R.Civ.P. 56(a).
"A genuine factual ' dispute exists only if a
reasonable fact-finder 'could find by a preponderance of
the evidence that the [non-movant] is entitled to a
verdict.'" Kernel Records Oy v. Mosley, 694
F.3d 1294, 1300 (11th Cir. 2012) (quoting Anderson v.
Liberty Lobby, Inc., 477 U.S. 242, 252(1986)). A fact is
material if it may affect the outcome of the suit under the
governing law. Allen v. Tyson Foods, Inc., 121 F.3d
642, 646 (11th Cir. 1997).
moving party bears the initial burden of showing the court,
by reference to materials on file, that there are no genuine
disputes of material fact that should be decided at trial.
Hickson Corp. v. N. Crossarm Co., Inc., 357 F.3d
1256, 1260 (11th Cir. 2004) (citing Celotex Corp. v.
Catrett, 477 U.S. 317, 323 (1986)). If the moving party
fails to demonstrate the absence of a genuine dispute, the
motion should be denied. Kernel Records, 694 F.3d at
1300 (citing Adickes v. S.H. Kress & Co., 398
U.S. 144, 160 (1970); Clark v. Coats & Clark,
Inc., 929 F.2d 604, 606-08 (11th Cir. 1991)).
Motor Carrier Exemption
argues that the Motor Carrier Act Exemption exempts its from
the overtime provision of the FLSA as a matter of law. In
response, Plaintiffs argue that the exemption does not apply
because Defendant was not subject to the authority of the
Secretary of Transportation and ' because their
employment did not entail interstate transportation of
FLSA requires employers to pay employees at time-and-a-half
for any time worked in excess of forty hours per week.
See 29 U.S.C. § 207(a)(1). However, the act
specifically exempts from this requirement "any employee
with respect to whom the Secretary of Transportation has
power to ...