December 31, 2013
HOFFBERGER MOVING SERVICES, LLC
J. FREDERICK MOTZ, District Judge.
Anthony Rucker has brought this action against his former employer, Hoffberger Moving Services, LLC ("HMS") for overtime pay allegedly due to him under the Fair Labor Standards Act, the Maryland Labor and Employment Code, and under the common law doctrines of quantum meruit and unjust enrichment. HMS has moved for summary judgment. The motion will be granted.
In the memorandum in support of its motion for summary judgment, HMS has set forth the relevant history of the Fair Labor Standards Act. No useful purpose would be served by repeating the history here. The fact upon which this case ultimately turns is that Rucker is an exempt employee under the FLSA because he spent more than a de minimus amount of time driving commercial vehicles. This is the holding of Chief Judge Chasanow in Avery v. Chariots for Hire, 748 F.Supp.2d 492 (D. Md. 2010), the reasoning of which I find persuasive. For this reason Rucker's claim under the FLSA - as well as his claim under the Maryland Labor and Employment Code (which likewise exempts employees "for whom the United States Secretary of Transportation may set qualifications and maximum hours of service.") Maryland Code, Labor & Empl. Art, Section 3-415(c)(1).
Rucker's common law claims fail because they are preempted by the governing statutes and because his claims arise only under those statutes which, for the reasons stated, do not entitle him to the overtime compensation he seeks.
A separate order granting HMS's motion is being entered herewith.