Kansas Appeals Court rules on a truck driver overtime case A truck driver who contracted to make furniture deliveries to Nebraska Furniture Mart customers sought class action status against the Furniture Mart and Ford Moving and Storage Company for alleged violations of the overtime provisions in the Kansas Minimum Wage and Maximum Hours Law. The Kansas Court of Appeals ruled in favor of the Furniture Mart and Ford. Kansas law specifically excludes from its definition of “employer” any employer who is subject to the provisions of the Fair Labor Standards Act (FLSA). The Furniture Mart is subject to the FLSA, so had no obligation under Kansas law to pay the truck driver overtime. The truck driver is exempt from the overtime requirements of FLSA because of the Motor Carrier Exemption that allows the trucking industry’s practices to be regulated by the Secretary of Transportation.               return