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Abel v. S. Shuttle Servs., Inc., No. 10-10659

By FindLaw Staff on September 24, 2010 9:24 AM

In Abel v. S. Shuttle Servs., Inc., No. 10-10659, an action alleging violations of the overtime pay provisions of the Fair Labor Standards Act by an airport shuttle driver, the court affirmed summary judgment for defendant where defendant's airport shuttle van drivers fell under the Motor Carrier Act exemption in 29 U.S.C. section 213(b)(1).

 

As the court wrote:  "This is Plaintiff Steven Abel's second appeal to this Court. Abel, a former driver of Defendant Southern Shuttle Services, Inc.'s airport shuttle vans, filed this action on behalf of himself and others similarly situated for alleged violations of the overtime pay provisions of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 207(a)(1). In the first appeal, this Court vacated the district court's entry of summary judgment in Southern Shuttle's favor because Southern Shuttle's airport shuttle service did not fall within the "taxicab exemption" to the FLSA's overtime provisions. See Abel v. S. Shuttle Servs., Inc., 301 F. App'x 856 (11th Cir. 2008). After remand, Southern Shuttle filed a second motion for summary judgment, arguing that its airport shuttle van drivers fall under the Motor Carrier Act
exemption in 29 U.S.C. § 213(b)(1). The district court agreed and granted Southern Shuttle summary judgment. After review, we affirm."

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