Birdell McCall v. Disabled American Veterans

SMITH, Circuit Judge.

Birdell McCall drove trucks for the Red Racks Thrift Store (“Red Racks”), which was operated by the Disabled American Veterans (DAV). The trucks that McCall operated had an actual weight of less than 10,000 pounds but a gross vehicle weight rating (GVWR) of greater than 10,000 pounds. McCall, a salaried employee ordinarily ineligible for overtime, filed a wage claim against DAV, seeking overtime pay. McCall alleged that he should be considered a “covered employee” under § 306 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act (SAFETEALU) Technical…