News & Media

Summary Judgment in Employment Lawsuit Regarding Alleged Unpaid Overtime ◦ Manufacturing
May 15, 2013

In a clear win for employers, Peyton Inge won Summary Judgment in Federal Court on an employment law case in which the Plaintiff alleged that his employer failed to pay him overtime in compliance with the Fair Labor Standards Act (FLSA).  The lawsuit claimed that the employer was required to pay the employee for his drive to work locations in surrounding states from his home in McKinney, Texas.  The drive time frequently amounted to more than 6 hours to and from the work locations.  The employee also claimed that the FLSA required his employer to pay him for his wait time, which allegedly accrued while the employee waited to obtain repairs to his company vehicle.

The Court properly analyzed the FLSA to determine that a commute to or from work is non-compensable, regardless of the distance traveled.  The ruling is believed to be the most aggressive in the history of the FLSA because most prior court cases dealt with drive times of less than a few hours per day.  The court ultimately granted summary judgment on all of the Plaintiffs’ allegations that the employer owed him unpaid overtime.

Attorney: H. Peyton Inge, IV