Bakery Workers Making Deliveries In Own Cars Entitled To Overtime
by Judy Greenwald, Business Insurance
Posted: 2017-11-21 15:30:27 EST

A federal appeals court has overturned a lower court ruling and held that district sales managers for a bakery who frequently used their own cars to make deliveries are entitled to overtime under the Fair Labor Standards Act.

The plaintiffs worked as district sales managers for Baltimore-based Schmidt Baking Co. Inc. for a period after 2008, according to Friday’s ruling by the 4th U.S. Circuit Court of Appeals in Richmond, Virginia, in Ronald J. Schilling Jr.; Russell E. Dolan; Jonathan A. Hecker, individually and on behalf of other similarly situated employees v. Schmidt Baking Co. Inc.

Professional motor carriers such as Schmidt, which delivers its baked goods to restaurants, grocery stores and other small businesses, are generally exempt from the FLSA’s requirement that employers pay overtime for employees who work more than 40 hours per week, according to the ruling.

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