Deherrera v Decker Truck Lines

Deherrera brought suit against Decker alleging violations of the Fair Labor Standards Act and Colorado’s overtime law by refusing to pay overtime. The district court granted summary judgment to Decker ruling Deherrera’s delivery of empty kegs, pallets and other materials to a brewery was interstate commerce and thus the Act did not apply and Colorado’s law did not apply as Deherrera was a truck driver not an equipment operator. The panel affirmed. It held that consistent with circuit precedent and the united view of the Departments of Labor and Transportation, deciding whether a shipment that temporarily stops in a warehouse remains part of interstate commerce is evaluated in light of all the circumstances. Applying here, the panel held that the intent of the out of state distributors which shipped the kegs and other items to the warehouse in Colorado is for the items to go to the brewery, the tips between the warehouse and the brewery were thus the last leg of an interstate trip and the exemption for truck drivers applied and defeated the overtime claim under the Act. As to the Colorado claim, the panel held that interstate truck drivers are part of an industry covered by the applicable wage order, but, the order specifically excludes interstate truck drivers from its coverage and Deherrera was an interstate truck driver while hauling the kegs and other items.