In an action under the Fair Labor Standards Act brought by truck drivers against a wholesale importer and distributor of wine claiming that they were not paid overtime, judgment for the defendant is affirmed as the portion of the transportation that is entirely within Illinois is nevertheless interstate commerce within the meaning of the Motor Carrier Act and therefore, the Fair Labor Standards Act exempts from its overtime provisions 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 section 31502 of title 49.
Read Collins v. Heritage Wine Cellars, Ltd., No. 09-1181
Appellate Information
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division
Decided December 21, 2009
Judges
Before: Posner, Manion, and Tinder, Circuit Judges
Opinion by Posner, Circuit Judge
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