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Armored Car Overtime
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By Heidi Turner
Overtime lawsuits filed against armored car companies allege armored car drivers should be paid overtime in accordance with the Fair Labor Standards Act. Some armored car lawsuits have resulted in awards to the plaintiffs, who alleged their employers classified them as ineligible for overtime pay under the Motor Carrier Act Exemption of the Fair Labor Standards Act.
Under the Motor Carrier Exemption, certain employees involved in driving and transportation are ineligible for overtime. But the SAFETEA-LU Technical Corrections Act, enacted in 2008, allows drivers to receive overtime pay if their work involves driving non-commercial—meaning they weigh less than 10,000 pounds—vehicles. The standard requires part of the work to involve non-commercial vehicles, not all of it, so an employee who spends less than 50 percent of his or her time driving non-commercial vehicles may still be eligible for overtime pay.
Courts have disagreed on whether or not an armored transportation worker must spend all of his or her time driving commercial vehicles to be exempt from overtime pay. Some courts have found that even if minimal time is spent operating commercial vehicles, the employee is not eligible for overtime pay.
Armored Car Lawsuits In March 2015 the Third Circuit found in favor of armored car drivers, and ordered Eastern Armored to pay overtime to the plaintiff in its lawsuit. The panel found that the lower court was correct in ruling that because the plaintiff was at the wheel of a vehicle classified as non-commercial for 49 percent of her workdays, she was eligible for overtime. The lawsuit was Ashley McMaster v. Eastern Armored Services Inc, case number 14-1010 in the US Court of Appeals for the Third Circuit.
Armored Transportation Companies:
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Armored Car Overtime Lawsuits
Under the Motor Carrier Exemption, certain employees involved in driving and transportation are ineligible for overtime. But the SAFETEA-LU Technical Corrections Act, enacted in 2008, allows drivers to receive overtime pay if their work involves driving non-commercial—meaning they weigh less than 10,000 pounds—vehicles. The standard requires part of the work to involve non-commercial vehicles, not all of it, so an employee who spends less than 50 percent of his or her time driving non-commercial vehicles may still be eligible for overtime pay.Courts have disagreed on whether or not an armored transportation worker must spend all of his or her time driving commercial vehicles to be exempt from overtime pay. Some courts have found that even if minimal time is spent operating commercial vehicles, the employee is not eligible for overtime pay.
Armored Car Lawsuits In March 2015 the Third Circuit found in favor of armored car drivers, and ordered Eastern Armored to pay overtime to the plaintiff in its lawsuit. The panel found that the lower court was correct in ruling that because the plaintiff was at the wheel of a vehicle classified as non-commercial for 49 percent of her workdays, she was eligible for overtime. The lawsuit was Ashley McMaster v. Eastern Armored Services Inc, case number 14-1010 in the US Court of Appeals for the Third Circuit.
Armored Transportation Companies:
- GLOVAL
- Armored Transport
- Brinks
- Garda
- G4S (Secuircor)
- Loomis (Wells Fargo)
- Prosegur
- Dunbar Armored
- Security Group
- Rochester Armored Car
- Total Armored Car
- LA Federal Armored Services
Armored Car Overtime Legal Help
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ARMORED CAR OVERTIME LEGAL ARTICLES AND INTERVIEWS
Brink’s Unpaid Wages: The Downside to Being “On” at All Times
Armored Vehicle Drivers and Couriers: Due Diligence Required
Armored Truck Attorney: Court Rulings Open Eligibility for Lawsuits
June 10, 2016
Olympia, WA: It was about 18 months ago that Brink’s Incorporated (Brink’s), the renowned armored car company, was hit with a proposed class-action lawsuit alleging non-payment of overtime wages, together with a failure to provide the legally required uninterrupted meal period as guaranteed by California law. The Armored Car Drivers Unpaid Overtime lawsuit, filed in Los Angeles County Superior Court in November 2014, appears to demonstrate a classic disconnect between the employment laws of the state, and a job culture that suggests employees must be diligent in their duties and “on,” as it were, at all times due to the value of the financial cargo contained in the rolling vault on wheels. READ MORE
Armored Vehicle Drivers and Couriers: Due Diligence Required
June 7, 2015
If labor laws are anything, they are complicated. To that end, an employee could be forgiven for not having a good, working and fundamental knowledge of labor laws that govern their own particular jobs. And even then, the employee tends to trust management with the finer points of keeping everything sorted out. However, that is not always the case. And using Armored Car Drivers Unpaid Overtime as an example, it’s easy to see how things can go off the rails quickly, leaving employees with less pay than they might otherwise deserve. READ MORE
Armored Truck Attorney: Court Rulings Open Eligibility for Lawsuits
April 23, 2015
Recent rulings involving overtime for truck drivers may result in an increase in overtime lawsuits being filed. Specifically, McMaster v. Eastern Armored Services resulted in a ruling for the plaintiff that because the plaintiff was at the wheel of a non-commercial vehicle for almost 50 percent of the time spent working, she should be paid overtime. Ben Stewart, of Stewart Law Group, says the rules governing interstate wage and hour rates are complicated. READ MORE
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