McMaster v. Eastern Armored Services — employment — affirmance — Fuentes
The Third Circuit today ruled that the Fair Labor Standard Act requires an armored-truck courier company to pay a driver/guard overtime. The case required untangling a statutory thicket. The FLSA required overtime. An exception to the law exempted certain motor carriers. An exception to the exception un-exempted motor carrier employees whose job “in whole or in part” affects the safe operation of vehicles under 10,000 pounds. Here, the employee spent 49% of her time in vehicles under 10,000 pounds, so the panel held that she gets overtime.
Joining Fuentes were Greenberg and Cowen. The case was decided without oral argument.
Since I have judicial-emergency-on-the-brain, two observations. First, the issue here was more complicated (and novel, with no prior rulings in any circuit) than I’d expect for a published case without oral argument. Second, this is one of what seems like a growing number of CA3 panels with two senior or non-CA3 judges. I wonder whether the Third Circuit’s judicial emergency is part of why cases like this are decided without argument and with a single active judge on the panel.