Birdell McCall v. Disabled American Veterans, 723 F.3d 962

Plaintiff Birdell McCall was a salaried driver for Disabled American Veterans' Red Racks thrift store and sometimes worked over 40 hours/week.
The trucks McCall drove had actual loaded weights under 10,000 pounds but gross vehicle weight ratings (GVWR) over 10,000 pounds.
After statutory amendments (SAFETEA-LU then the TCA), the question arose whether overtime eligibility turns on a vehicle's actual weight or its GVWR.
McCall sued for FLSA overtime under the TCA, which extended overtime to "covered employees" who perform duties on motor vehicles "weighing 10,000 pounds or less."
The Department of Labor issued a Field Service Bulletin stating the agency will use GVWR (or GCWR for combinations) to determine whether a vehicle "weighs 10,000 pounds or less."
The district court granted summary judgment for DAV, holding GVWR is the proper test; the Eighth Circuit affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether TCA/FLSA overtime coverage depends on a vehicle's actual weight or GVWR	McCall: actual weight controls; his trucks never exceeded 10,000 lbs, so he is entitled to overtime	DAV: GVWR controls; vehicles rated over 10,000 lbs place drivers under MCAE and outside FLSA overtime	GVWR is the controlling criterion; McCall not covered by FLSA overtime

Donovan v. Bereuter's, Inc., 704 F.2d 1034 (8th Cir. 1983) (Secretary of Labor interpretations of the FLSA are entitled to considerable weight)
Collins v. Heritage Wine Cellars, Ltd., 589 F.3d 895 (7th Cir. 2009) (using GVWR avoids impractical, shifting regulation of drivers based on actual load)
Johnson v. Carroll, 658 F.3d 819 (8th Cir. 2011) (standard of review for summary judgment)