Brian Moore, individually, and on behalf of himself and other similarly situated current and former employees v. Anytime Towing & Recovery, LLC

Summary

The United States District Court for the Eastern District of Tennessee ruled on Anytime Towing & Recovery, LLC’s motion to dismiss or for summary judgment in an FLSA collective action brought by Brian Moore. The court granted summary judgment on the minimum-wage claim, finding no genuine dispute that the plaintiff received FLSA-compliant compensation, but denied summary judgment on the overtime claim because factual disputes remained concerning the motor-carrier exemption and the weight of vehicles operated. The court also denied the plaintiff’s motion for leave to file a motion for partial summary judgment.

Holdings

1. Summary judgment was warranted for defendant because plaintiff did not present sufficient evidence from which a reasonable jury could find that he performed work for which he was not properly compensated, and defendant presented evidence that his commission payments exceeded the amount required under the FLSA.
2. Summary judgment was not warranted on the overtime claim because conflicting affidavits created genuine disputes about whether plaintiff’s duties affected the safety of vehicles in interstate commerce and whether he performed duties on vehicles weighing 10,000 pounds or less.
3. Leave was denied because plaintiff failed to show good cause or excusable neglect for filing his request approximately five months after the dispositive-motion deadline.

Questions Presented

1. Whether defendant was entitled to summary judgment on plaintiff’s FLSA minimum-wage claim based on commission payments and the evidence of hours worked.
2. Whether defendant was entitled to summary judgment on plaintiff’s FLSA overtime claim under the motor-carrier exemption and the small-vehicle exception.
3. Whether plaintiff established good cause and excusable neglect warranting leave to file a motion for partial summary judgment after the dispositive-motion deadline.

Disposition

other