A long time client of the firm is involved in interstate commerce — selling and delivering trailers. The firm was sued by a former driver under the Fair Labor Standards Act (FLSA). The former driver claimed that he was not paid overtime that was due to him. The firm defended the client on the basis that the client was engaged in activity constituting interstate commerce by a Private Motor Carrier. Safety-related employees engaged in interstate commerce are exempt from the overtime requirements of the FLSA. The employee claimed that he mostly remained in the State of Georgia, dropping off trailers which were subsequently transported out of state by others.

The case was brought in the Federal District Court for the Northern District of Georgia. Judget Totenberg granted summary judgment to the firm’s client. The Court agreed with the firm’s argument that as long as the in-state activity was part of a continuous stream of commerce that included interstate transactions, the fact that an employee claims not to have individually crossed state boundaries does not matter.

The case, Tomlin v. JCS, is here.