Tenth Circuit: Intrastate Truck Leg Still Interstate Commerce

Commercial truck drivers who drove a Colorado leg of a multi-state truck route are exempt from overtime under the Fair Labor Standards Act (FLSA) and Colorado Minimum Wage Order 32, according to a ruling last week  from the Tenth Circuit Court of Appeals. Deherrera v. Decker Truck Line, Inc. (10th Cir. 2016).

The drivers transported pallets, empty kegs, and other items from a Colorado warehouse to the New Belgium Brewery in Fort Collins, Colorado. However, the materials the drivers transported arrived at the Colorado warehouse from out of state. Both the FLSA and Colorado Minimum Wage Order 32 exempt interstate drivers from receiving overtime. Accordingly, the Tenth Circuit Court of Appeals ruled that the drivers were engaged in interstate commerce and thus not eligible for overtime pay.

The transport of the beer kegs and other cargo “took place as part of those backhauled items’ journey in interstate commerce,” the court wrote, affirming summary judgment in favor of Decker.