under the FLSA by drivers of vehicles weighing 10,001 pounds or less. (Mem. in Supp. of Consol. Mo., p. 35) Drivers of vehicles weighing over 10,001 pounds remain exempt from the FLSA’s overtime requirements. (Id.) FedEx argues that because these five Plaintiffs did not drive vehicles under 10,-001 pounds after the June 6, 2008 enactment of the TCA, their claims are barred by the MCA exemption. In response, Plaintiffs argue that FedEx is a “hybrid motor carrier,” because it employs drivers with vehicles weighing both over and under 10,001 pounds. “When mixed activities occur, and employees are asked to operate both commercial and on-commercial vehicles during their course of employment, the employees’ coverage under the FLSA is favored.” (Rev. Mem. in Opp., p. 39) (citi D.Kan.2009) (<HOLDING>). As the Seventh Circuit explained, “[dividing
recognizing that in 1982 kentucky converted to a new title system for motor vehicles under which the secured creditor must perfect its security interest by noting the lien on the certificate of title to the motor vehicle holding statute requiring dealers to keep records of all motor vehicles acquired as junk is lawful holding that the mere presence of a few commercial motor vehicles in a companys fleet does not render all of its drivers exempt from overtime pay holding that a summons directed to the commissioner of motor vehicles was defective process as against a nonresident defendant in an action arising out of operation of a motor vehicle in this state holding the purpose of a checkpoint was valid when officers stopped vehicles to look for any violations on the vehicles such as drivers license equipment or inspection