Bobby J. Johnson, Jr v. Hixwreckerservice, Inc., et al

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ARGUED NOVEMBER 3, 2010

Before EASTERBROOK, Chief Judge, WILLIAMS, Circuit Judge, and PALLMEYER, District Judge.*fn1

Bobby Johnson, Jr. claims that his former employer, Hix Wrecker Service, did not pay him overtime wages in violation of the Fair Labor Standards Act (“FLSA”). The district court granted summary judg-ment in favor of Hix Wrecker, finding that Johnson was not entitled to overtime pay because he was subject to the motor carrier exemption to the FLSA. However, Hix Wrecker did not meet its burden of proof on the issue of whether the motor carrier exemption applied to Johnson. The evidence it presented did not establish as a matter of law that Johnson was exempt. Therefore, we reverse.

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