Moore v. Performance Pressure Pumping Services, LLC, 5:15-cv-00432

Plaintiffs, former employees of Epic Wireline Services, LLC and Performance Pressure Pumping Services, LLC, seek unpaid overtime under the FLSA in a consolidated action.
Defendants are motor carriers/private carriers providing oilfield pumping and wireline services, with crews that commonly drive various trucks between wellsites.
Plaintiffs allege overtime eligibility was violated by improper regular-rate calculations that excluded bonuses.
Defendants contend MCA exemption may apply; plaintiffs posit Small Vehicle Exception via TCA could make overtime due despite MCA.
The court granted reconsideration to allow a second amended complaint adding four named officers as defendants, and denied summary judgment on key FLSA issues, including exemptions, hours worked, and bonus inclusion.
The case involves mixed fleets of large and small vehicles, with factual disputes about the extent of small-vehicle work and travel time that could affect exemption applicability.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the MCA exemption applies to plaintiffs’ work.	Moore argues MCA exemption applies.	Defendants contend MCA exemption may apply due to drivers/ loaders and safety role.	Fact question; not entitled to summary judgment on exemption.
Whether the Small Vehicle Exception (TCA) covers plaintiffs.	TCA requires coverage for work affecting safety of small vehicles.	Work may be de minimis or not sufficiently affecting safety; burden on employer.	Fact question; genuine dispute as to whether work with small vehicles is non-de minimis.
Whether bonuses should be included in the regular-rate calculation.	Bonuses are part of regular rate if not discretionary.	Bonuses are discretionary and exclude from regular rate.	Disputed; could be discretionary; summary judgment denied on inclusion of bonuses.
Whether there are genuine disputes about hours worked by plaintiffs.	Plaintiffs worked long daily hours (12–14) per week.	Timesheets show variability; not uniform hours across time.	Fact question; summary judgment denied on hours worked.

Allen v. Coil Tubing Serv., LLC, 755 F.3d 279 (5th Cir. 2014) (defines de minimis threshold and Small Vehicle Exception limits)
Songer v. Dillon Res., Inc., 618 F.3d 467 (5th Cir. 2010) (exemptions construed narrowly against employer)
Pyramid Motor Frieght Corp. v. Ispass, 330 U.S. 695 (1947) (de minimis work and safety-related exemptions context)
CSX Transp., Inc. v. McBride, 564 U.S. 685 (2011) (broad notion of work; interpretive context for FLSA exemptions)
Allen v. Coil Tubing Serv., LLC, 755 F.3d 279 (5th Cir. 2014) (reiterates MCA exemption scope and Small Vehicle Exception)
A.H. Philips, Inc. v. Walling, 324 U.S. 490 (1945) (remedial nature of FLSA; exemptions construed narrowly)