No. 20-712

Leonid Burlaka, et al. v. Contract Transport Services, LLC

Lower Court: Seventh Circuit
Docketed: 2020-11-24
Status: Denied
Type: Paid
Response Waived
Tags: fair-labor-standards-act federal-jurisdiction federal-law interstate-commerce intrastate-commerce intrastate-transport shipper-intent statutory-exemption transportation-jurisdiction transportation-regulation
Key Terms:
Arbitration ERISA WageAndHour ClassAction
Latest Conference: 2021-01-08
Question Presented (AI Summary)

Are drivers subject to the jurisdiction of the Secretary of Transportation, and therefore exempt under 29 U.S.C. §213(b)(1)

Question Presented (OCR Extract)

QUESTION PRESENTED Are drivers subject to the jurisdiction of the Secretary of Transportation, and therefore exempt under 29 U.S.C. §213(b)(1), because some of the products that they moved between two points within a single state were eventually moved out of the state, even though the shipper had not decided on whether to sell the products to an interstate or intrastate customer at the time of the intrastate transport?

Docket Entries

2021-01-11
Petition DENIED. Justice Barrett took no part in the consideration or decision of this petition.
2020-12-16
DISTRIBUTED for Conference of 1/8/2021.
2020-12-09
Waiver of right of respondent Contract Transport Services, LLC to respond filed.
2020-11-19
Petition for a writ of certiorari filed. (Response due December 28, 2020)

Attorneys

Contract Transport Services, LLC
Andrew Joseph ButcherScopelitis, Garvin, Light, Hanson & Feary, PC, Respondent
Andrew Joseph ButcherScopelitis, Garvin, Light, Hanson & Feary, PC, Respondent
Leonid Burlaka
Jill Marie HartleyThe Previant Law Firm, S.C., Petitioner
Jill Marie HartleyThe Previant Law Firm, S.C., Petitioner