Carrone v. Chieppo Charters, Inc., No. Cv 93-0343419-S (Oct. 8, 1993)
Opinion of the Court
Before the court at this time are the defendant's motion for summary judgment (#104), and the plaintiff's motion for partial summary judgment (#106). CT Page 8226
The parties are not in dispute as to any material fact. The plaintiff was employed by the defendant as a mechanic from January 29, 1991 until November 9, 1992. During that time he sometimes worked more than a forty-hour week but was not paid any overtime wages. At oral argument on these motions the parties stipulated that the defendant was engaged in interstate commerce during the period of the plaintiff's employment and that there is no genuine issue of material fact.
The defendant's motion is based on its claim that the federal Fair Labor Standards Act ("FLSA"), and the federal Motor Carrier Act ("MCA"), pre-empt the application of Connecticut's minimum wage law for drivers and mechanics who are engaged in interstate commerce. The plaintiff's suit and his motion for partial summary judgment is premised on the claim that Connecticut's overtime wage law is not pre-empted by the FLSA or the MCA because each of these statutes contains a savings clause which permits the application of Connecticut law. The parties agree that one of the motions before the court should be granted and the other denied, depending upon the court's interpretation of the legal issue raised.
Plaintiff brings this suit pursuant to General Statutes
No employer, except as otherwise provided herein, shall employ any of his employees for a workweek longer than forty hours, unless such employee receives remuneration for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.
However, General Statutes
The provisions of sections
31-76b to31-76j , inclusive, shall not apply with respect to (a) CT Page 8227 any driver or helper, excluding drivers or helpers employed by exempt employers, with respect to whom the Interstate Commerce Commission or the Secretary of Transportation has power to establish qualifications and maximum hours of service pursuant to the provisions of applicable federal law or regulation of any employee or regulation of any employee of a carrier by air subject to the Railway Labor Act or any employee of any employer subject to said Railway Labor Act[.]
Since the parties agree that the defendant is engaged in interstate commerce as a charter bus company, this case requires an examination of certain federal statutes. The applicable federal law, for purposes of this case, is found in the Fair Labor Standards Act and the Motor Carrier Act.
In relevant part, the FLSA provides that, with respect to employers engaged in interstate commerce, "no employer shall employ any of his employees . . . for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed."
However, the FLSA contains an exemption to this overtime provision, which states, in pertinent part, that the provisions of will not apply to "(1) 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 304 of Title 49 . . . ."
Section 304 of Title 49, now codified at 49 U.S.C.A. 3102(b)(1), further mandates that "[t]he Secretary of Transportation may prescribe requirements for — (1) qualifications and maximum hours of service of employees of, and safety of operation and equipment of, a motor carrier."
Pursuant to the aforesaid authority, the Secretary of Transportation has issued regulations which exempt art employee from the coverage of the forty-hour workweek proscribed by
However, it is the claim of the plaintiff that the FLSA and the MCA do not pre-empt the state statutes upon which this suit is based.
The issue of pre-emption is one of federal law, and deciding whether Congress has exercised its pre-emptive power over state law is a question involving legislative intent. (Citation omitted.) Serrano v. Serrano,
The defendant relies on Davenport Taxi, Inc. v. State Labor Commission,
The court is of the opinion that the crucial issue in this case, whether FLSA and MCA pre-empt the overtime state statutes, has been definitively and precisely answered by the United States Court of Appeals, Second Circuit, in two cases.
In Pettis Moving Co., Inc. v. Roberts,
In Overnite Transportation Co. v. Tianti,
Accordingly, the court is persuaded by the reasoning employed by the Second Circuit, and finds that neither the FLSA nor the MCA pre-empts Connecticut's overtime wage provision. Having concluded that the Connecticut statutes are applicable, the only remaining question is whether General Statutes
For the reasons set forth above, the defendant's motion for summary judgment (#104) is denied and the plaintiff's partial motion for summary judgment (#106) is granted.
Hadden, J. CT Page 8230
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