Graham v. Town & Country Disposal of Western Missouri, Inc.
865 F. Supp. 2d 952
W.D. Mo.2011Background
- Plaintiffs allege FLSA overtime violations by Town & Country Disposal of Western Missouri, Inc. arising from throwers’ duties between 2007 and 2010.
- Town & Country operates a for-hire trash-collection business in the Kansas City area with DOT-registered trucks and regular FMCSA oversight.
- Throwers performed loading, backing guidance, and operation of the truck’s trash compactor under driver supervision, often across interstate routes; plaintiffs wore high-visibility gear and communicated via hand signals.
- Town & Country did not maintain training, HR, or safety manuals and had no records of DOL communications related to FLSA compliance.
- The case was conditionally certified as a collective action; about fifty throwers opted in as of May 2011.
- The court addressed whether the FLSA applies, whether the MCA exemptions apply, and whether the DOT has jurisdiction over Town & Country’s trash operations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does FLSA apply to Town & Country? | Graham argues Town & Country is an FLSA employer for overtime. | Town & Country contends it is subject to MCA exemption and not bound by FLSA overtime. | FLSA applies; but exemption later removed by MCA analysis. |
| Is Town & Country exempt under the Motor Carrier Act (MCA)? | Throwers may not qualify for MCA exemption. | Town & Country falls within MCA exemption as loaders/driver’s helpers engaged in safety-related activities. | Exemption applies; FLSA overtime requirement is not applicable. |
| Does the DOT have jurisdiction to treat trash as 'property' under the MCA? | DOT lacks clear authority over trash; trash may be treated as non-property. | DOT has jurisdiction; trash falls within the MCA’s scope to regulate safety in interstate commerce. | DOT/MCA jurisdiction over trash is reasonable and proper. |
Key Cases Cited
- Joray Trucking Corp. Common Carrier Application, 99 M.C.C. 109 (1965) (trash not property; local focus, future cases left to agency discretion)
- Long Island Nuclear Service Corp. Common Carrier Application, 110 M.C.C. 398 (1969) (radioactive waste deemed property for public interest; case distinguished by safety concerns)
- Nuclear Diagnostic Laboratories Contract Carrier Application, 131 M.C.C. 578 (1979) (nuclear waste treated as property under MCA due to public interest)
- I.C.C. v. Browning-Ferris Industries, Inc., 529 F. Supp. 287 (N.D. Ala. 1981) (distinguishing non-radioactive waste cases; regulatory framework variability)
- Morris v. McComb, 332 U.S. 422 (1947) (interstate travel as integral to duties supports broader interstate commerce reach)