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  • Case Opinion

Rychorcewicz v. Welltec, Inc.

Rychorcewicz v. Welltec, Inc.

United States Court of Appeals for the Fifth Circuit

April 18, 2019, Filed

No. 18-20603 Summary Calendar

Opinion

 [*253]  PER CURIAM:1

The district court held that Plaintiff-Appellant Korey Rychorcewicz and those he purports to represent are exempt from the Fair Labor Standards Act's ("FLSA") overtime requirements based on the Motor Carrier Act's ("MCA") exemption of operators of vehicles that affect highway safety. We agree that the plaintiffs are exempt and affirm.

I. Factual Background

Defendant-Appellee Welltec, Inc. is an international oil and gas company that provides well technologies and solutions to optimize its clients' oil and gas production and increase reservoir drainage. Welltec is headquartered in Katy, Texas and during the class period had locations in Fort Worth, Texas; San Antonio, Texas; Minot, North Dakota; Houma, Louisiana; [**2]  Fort Collins, Colorado; Bridgeville, Pennsylvania; Cranberry Township, Pennsylvania; and Deadhorse, Alaska. Welltec is registered with the U.S. Department of Transportation as a motor carrier to transport oil-field equipment, machinery, and large objects.

Korey Rychorcewicz worked for Welltec as a field engineer. Such engineers provided on-site intervention services to maintain Welltec's customers' well sites. Their duties included "rigging up and rigging down a Welltec tractor, which gets tools and equipment in and out of a deep well, operating oilfield machinery, and providing other troubleshooting, maintenance, and intervention services." Field engineers worked out of assigned Welltec offices and  [*254]  drove company vehicles from their assigned offices to customers' well sites. Welltec's monthly work reports show that the plaintiffs regularly drove across state lines to perform their duties.

Rychorcewicz sued Welltec, alleging that it violated the Fair Labor Standards Act by misclassifying him and members of a class of similarly situated field engineers as exempt employees. After the district court conditionally certified the class, Welltec moved for summary judgment. It contended that [**3]  the plaintiffs were properly exempt from the FLSA's overtime requirements because they satisfied the MCA's exemption for those employees (1) "whom the Secretary of Transportation has power to establish qualifications and maximum hours of service"2 and (2) who "engage in activities of a character directly affecting the safety of operation of motor vehicles in the transportation . . . of property in interstate commerce."3

In a thorough opinion, the magistrate judge recommended granting summary judgment for Welltec because (1) it is a motor carrier under the MCA and (2) the plaintiffs engaged in activities directly affecting the operational safety of motor vehicles in the transportation of property in interstate commerce. The plaintiffs objected to that recommendation, but the district court adopted it in full and dismissed the case. The plaintiffs timely appealed.

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768 Fed. Appx. 252 *; 2019 U.S. App. LEXIS 11513 **; 2019 WL 1760886

KOREY RYCHORCEWICZ, Individually and on behalf of similarly situated individuals, Plaintiff - Appellant v. WELLTEC, INCORPORATED, Defendant - Appellee

Notice: PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1 GOVERNING THE CITATION TO UNPUBLISHED OPINIONS.

Prior History:  [**1] Appeal from the United States District Court for the Southern District of Texas. USDC No. 4:16-CV-2.

Rychorcewicz v. Welltec, Inc., 2018 U.S. Dist. LEXIS 123715 (S.D. Tex., July 24, 2018)

CORE TERMS

exemption, engineers, transportation, employees, pounds, motor vehicle, interstate commerce, magistrate judge, drove, drive, interstate, overtime, carrier

Civil Procedure, Judgments, Summary Judgment, Burdens of Proof, Appeals, Standards of Review, De Novo Review, Appellate Review, Standards of Review, Labor & Employment Law, Wage & Hour Laws, Scope & Definitions, Exemptions, Exemptions, Transportation Industry, Business & Corporate Compliance, Overtime & Work Periods