Christopher Arvig, individually, and on behalf of other members of the class similarly situated v. The Schwan Food Co., Schwan's Home Service Inc.
Published: Nov. 8, 2008 | Result Date: Sep. 4, 2008 | Filing Date: Jan. 1, 1900 |Case number: 2:07-cv-00773-FMC-JTL Bench Decision – Defense
Court
USDC Central
Attorneys
Plaintiff
Defendant
Alan L. Rupe
(Lewis, Brisbois, Bisgaard & Smith LLP)
Grace Y. Horoupian
(Fisher & Phillips LLP)
Facts
Defendant The Schwan Food Company (SFC) employed plaintiff Christopher Arvig, 32, as a customer service manager between April 2005 and July 2006. Arvig worked 12 to 14 hours per day, Monday to Friday.
Arvig filed suit on behalf of himself and other customer service managers for violations of the Fair Labor Standards Act (FLSA).
Contentions
PLAINTIFFS' CONTENTIONS:
The plaintiffs contended that they were not paid overtime compensation despite working beyond eight hours per day. The plaintiffs argued that they were not exempt employees and were entitled to the overtime compensation.
DEFENDANT'S CONTENTIONS:
SFC countered that they were exempt from paying overtime compensation to the plaintiffs as SFC is regulated by the Department of Transportation under the Motor Carrier Act.
Result
The judge found in favor of the defendant, specifically, that SFC's customer service managers were exempt from the FLSA overtime requirement as SFC is under the regulation of the Department of Transportation.
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