Old Dominion Freight Line Facing Switcher’s FLSA Lawsuit

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A former employee is behind a lawsuit against Old Dominion Freight Line, Inc. in which the man claims the trucking company failed to pay overtime wages in violation of the Fair Labor Standards Act (FLSA). The complaint says the plaintiff routinely worked more than 40 hours per week as a switcher—also called a “hostler” or “yard jockey” in the trucking business—yet was not paid proper time-and-a-half wages because he was misclassified as an employee covered by the Motor Carrier Act, which allows for an exemption from OT pay for drivers, driver’s helpers, and other employees “whose duties affect the safety of operation” on the nation’s highways.

“[The plaintiff] was neither a driver, a driver’s helper, or a mechanic and [the plaintiff’s] work never required him to drive a truck or move a trailer on a public road,” the case says.