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Truck Driver Wins Unpaid Overtime Collective Action


This is a settlement for the Employment Law - New Jersey lawsuit.

Newark, NJ: An armored car driver who filed a collective action against Eastern Armored Services Inc. for violating the Fair Labor Standards Act (FLSA) should be paid overtime, a New Jersey federal judge decided Tuesday, finding that her employer had improperly classified her as ineligible for the additional pay under the Motor Carrier Act Exemption of the FLSA.

Denying the employer's bid to escape the wage-and-hour suit, District Judge Michael A. Shipp ruled that Ashley McMaster was not barred from collecting overtime pay under the exemption because on 49 percent of the days that she worked for Eastern Armored, she was at the wheel of a noncommercial vehicle.

McMaster, worked as an hourly employee of Eastern Armored from March 2010 through June 2011. She sued the company in August 2011 claiming she regularly worked in excess of 40 hours per week but was paid "straight time" during those extra hours.

The case is Ashley McMaster v. Eastern Armored Services Inc., case No. 11-5100(MAS)(TJB) in the U.S. District Court for the District of New Jersey.

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Published on Mar-13-15

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April 23, 2015
Miami, FL 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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