Legal Opinion

Marvin Klitzke v. Steiner Corporation, Dba American Linen

Court of Appeals for the Ninth Circuit

Decided April 11, 1997No. 95-36084PublishedCited by 40 opinions

1Opinion of the Court

SCHWARZER, Senior District Judge:

In this appeal, we decide whether the Fair Labor Standards Act’s (“FLSA”) exemption from overtime wage regulation, see 29 U.S.C. § 213(b)(1), which applies to drivers whose qualifications and work hours are subject to regulation by the Secretary of Transportation, see 49 U.S.C. § 3102, applies to a motor private carrier whose primary business is not transportation and whose route is entirely intrastate but whose deliveries include items special ordered by the carrier for customers from out-of-state vendors.

Marvin Klitzke brought this action against the Steiner…

2Cases cited16 opinions

  1. Arnold v. Ben Kanowsky, Inc.Supreme Court of the United States · 1960
  2. Walling v. Jacksonville Paper Co.Supreme Court of the United States · 1943
  3. William Michael Jones v. Union Pacific Railroad Company, United Transportation UnionCourt of Appeals for the Ninth Circuit · 1992
  4. Idaho Sheet Metal Works, Inc. v. WirtzSupreme Court of the United States · 1966
  5. Texas & New Orleans Railroad v. Sabine Tram Co.Supreme Court of the United States · 1913

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3Cited by40 opinions

  1. Michael Bilyou, Individually & on Behalf of Others Similarly Situated v. Dutchess Beer Distributors, Inc.Court of Appeals for the Second Circuit · 2002
  2. Lyons v. Lancer InsuranceCourt of Appeals for the Second Circuit · 2012
  3. John Watkins v. Ameripride Services, Dba Ameripride Uniform ServicesCourt of Appeals for the Ninth Circuit · 2004
  4. Walters v. American Coach Lines of Miami, Inc.Court of Appeals for the Eleventh Circuit · 2009
  5. Collins v. Heritage Wine Cellars, Ltd.Court of Appeals for the Seventh Circuit · 2009

35 more not listed; retrieve them via the Exa API.

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