Airport-to-Seaport Shuttle Bus Drivers Exempt From FLSA Under Motor Carrier Act Exemption: 11th Circuit
In a per curiam decision yesterday by the Eleventh Circuit Court of Appeals in Walters et al. v. American Coach Lines of Miami, Inc. No. 08-15636 (11th Cir. July 23, 2009) (download), the Court affirmed the district court's summary judgment in favor of American Coach Lines of Miami, Inc. (ACLM) with respect to 45 of 63 Plaintiffs who claimed that ACLM had violated the FLSA’s minimum wage and overtime provisions. ACLM was entitled to summary judgment on the ground that the group of plaintiffs who were reasonably expected to drive airport-to-seaport shuttle routes are exempt from the FLSA by virtue of the Motor Carrier Act (MCA).
Specifically, the relevant plaintiffs would shuttle cruise ship passengers of Costa Cruises, Princess Cruises, and Royal Caribbean Cruise Lines between the Miami and Fort Lauderdale airports and local hotels and cruise ship ports. In addition, ACLM provided passengers of Royal Caribbean with ground transportation for passengers who booked vacation packages through travel agents or Royal Caribbean as part of their overall cruise package.
The MCA act specifically exempts from the FLSA “any employee with respect to whom the Secretary of Transportation has power to establish qualifications and maximum hours of service pursuant to the provisions of” the MCA. The Secretary of Transportation has authority under the MCA “to regulate the maximum hours of service of employees who are employed (1) by a common carrier by motor vehicle; (2) engaged in interstate commerce; and (3) whose activities directly affect the safety of operations of such motor vehicles."
The Eleventh Circuit concluded:
". . . ACLM’s airport-to-seaport routes would come under the Secretary’s MCA jurisdiction. Its shuttle trips share a practical continuity of movement with the interstate or international travel of the cruise lines and their passengers . . . For cruise ship passengers arriving at the airport or seaport, ACLM’s shuttle rides would be part of the continuous stream of interstate travel that is their cruise vacation. The Royal Caribbean patrons in particular would have no reason to have any alternate view since the fee for the shuttle ride would either be bundled as part of their cruise vacation package or would be included on the bill for their Royal Caribbean shipboard account. . . . [F]rom the perspective of the cruise passengers, ACLM’s trips were an essential and intrinsic component of the overall stream of interstate travel transporting the passengers from their points of departure to the cruise ships (and exotic foreign and out-of-state ports of call) and back home again."
The Eleventh Circuit's sagacious opinion is an excellent opportunity to refresh your knowledge of the requirements and applicability of the MCA particularly in the context of interstate commerce continuity. My colleagues, Richard D. Tuschman and Kevin E. Vance, did an admirable job in representing ACLM and handling the complexity of the MCA in this case. For further analysis of this case and the MCA, the Florida Employment Law Blog is a great source.
