Abel v. Southern Shuttle Services, Inc

In Abel v. Southern Shuttle Services, Inc. (11th Cir. 2011) 631 F.3d 1210, the court considered whether a former "SuperShuttle" employee was entitled to overtime pay under the Federal Labor Standards Act (FLSA). In the context of analyzing whether the plaintiff fell within the Motor Carrier Act exemption to the overtime pay requirement, the court concluded "that the purely intrastate transport of passengers to and from an airport may, under certain circumstances, constitute interstate commerce . . . ." (Abel, at p. 1216.) In Abel, the circumstances justified finding the employee and his employer were engaged in interstate commerce because the passengers using the employer's service often travelled from other states. In addition, passengers purchased package deals on the internet which included hotel accommodations, airfare, and vouchers for free airport transportation which the customers used to board the employer's airport shuttles. "In other words, the local transport of these package-deal travelers has a 'practical continuity of movement' with the overall interstate journey." (Id. at pp. 1216-1217.)