Get access to the exclusive HR Resources you need to succeed in 2018.
Sign up for free email newsletters and get more SHRM content delivered to your inbox.
Is your employee handbook keeping up with the changing world of work? With SHRM's Employee Handbook Builder get peace of mind that your handbook is up-to-date.
Build competencies, establish credibility and advance your career—while earning PDCs—at SHRM Seminars in 14 cities across the U.S. this fall.
Gain the skills you need to rise to the next level in your career. Jon us at SHRM's Leadership Development Forum, October 2-3 in Boston.
Members may download one copy of our sample forms and templates for your personal use within your organization. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item.
A group of limousine drivers should have been paid overtime, despite the fact that they work for an employer whose company is otherwise not subject to overtime laws, a state trial court decided.
The drivers work for Knight's Airport Limousine Service, driving cars that seat fewer than eight and taking customer to pre-designated locations under arrangements made individually with customers, with pick-up and drop-off points varying by agreement. Drivers don’t follow fixed routes and collect riders.
In this capacity, they claimed, they frequently worked shifts of more than 40 hours, for which they were entitled to compensation of time and a half. They filed a class action against Knight’s under state wage law.
In court, Knight’s pointed out that the company is licensed as a common carrier, and as such is exempt from overtime requirements. The drivers countered that their duties did not fall into the categories covered by Knight’s common carrier license, which covered providing charter services for groups of ten or more and/or carriage transport for passengers along established routes between fixed termini.
The court acknowledged Knight’s license, but added that the limo drivers did not work in an area of Knight’s transportation business falling within the scope of the law.
The drivers drove vehicles carrying fewer than eight, and did not take on random passengers along established routes. They worked for fixed groups of Knight's customers under individualized transportation agreements.
The court decided that the general overtime exemption for employees of common carriers did not apply to this category of employee. Thus the drivers were potentially entitled to overtime compensation for any hours over 40 in a week.
Reis v. Knight’s Airport Limousine Service, SMass. Super. Ct., No. 310972 (Dec. 12, 2014).
Diane Cadrain is an attorney who has been writing about employment law issues for more than 20 years.
You have successfully saved this page as a bookmark.
Please confirm that you want to proceed with deleting bookmark.
You have successfully removed bookmark.
Please log in as a SHRM member before saving bookmarks.
Please sign in as a SHRM member before saving bookmarks.
Please purchase a SHRM membership before saving bookmarks.
An error has occurred
Recommended for you
Become a SHRM Member
SHRM’s HR Vendor Directory contains over 10,000 companies