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19-51074.įor White: Curt Hesse of Moore & Associatesįor U.S.What they're saying: A three-judge panel on 6th U.S. The panel included Circuit Judges Jennifer Elrod and Kyle Duncan.

That issue is better suited for summary judgment, where the district court can look more closely at the work performed by the drivers, the judge wrote.

"Jeanna’s Act sets a baseline for private prisoner transportation companies," Circuit Judge Cory Wilson wrote, but does not "supplant the Secretary of Transportation’s authority to regulate employees of private prisoner transportation companies who happen also to fit within the definition of the MCA."īut while USC adequately raised the exemption as a defense, it had not yet carried its burden of proving that it applied to the company's employees, Wilson said. The 5th Circuit on Monday agreed with Yeakel that Jeanna's Act did not preclude the application of the exemption. District Judge Lee Yeakel in 2019 sided with the company and dismissed the case. USC maintained that despite Jeanna's Act, it was still subject to DOT's general regulations and the MCA exemption applied. Jeanna's Act gives the attorney general the exclusive power to establish qualifications and service hours for private prisoner transport workers. White moved for partial summary judgment, countering that that Interstate Transportation of Dangerous Criminals Act of 2000, known as Jeanna's Act, precluded application of the exemption. A DOT rule states that whether the exemption applies to a worker "depends both on the class to which his employer belongs and on the class of work involved in the employee's job." The FLSA says the exemption applies to employers governed by DOT regulations setting minimum qualifications and maximum hours of service for drivers. USC moved to dismiss the case, claiming the MCA exemption shielded the company from having to pay the drivers overtime under the FLSA. White in a 2019 complaint in Austin, Texas federal court claimed that she and other USC "extradition officers" who transported prisoners between facilities routinely worked more than 40 hours per week, but had been improperly classified as exempt from overtime pay.

Corrections and its lawyers at Cross, Gunter, Witherspoon & Galchus in Little Rock, Arkansas. Lawyers at Moore & Associates in Houston who represent the named plaintiff, Dana White, did not immediately respond to a request for comment on Tuesday.