Earlier this year, a van driver working for Med Group Transportation filed a class action against his employer for unpaid overtime compensation and unpaid pre and post shift travel time. The drivers provided transportation services to primarily handicapped and elderly customers. Med Group Transportation was reimbursed for the transportation with what was ultimately public funds (Department of Aging, Medicare, Medicaid).
On December 18th, 2013, Judge Stadtmueller of the Eastern District of Wisconsin granted the majority of the classes motion for summary judgment on the driver’s overtime claim. Med Group Transportation argued that the drivers were exempt under the taxicab exemption — Judge Stadtmueller disagreed. Med Group Transportation also argued that it acted in good faith, but the Court pointed out that Med Group Transportation could not meet its burden because it ignored case law more closely on point.
Judge Stadtmueller’s opinion can be found here.
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