Precedents Cited
Collins v. Heritage Wine Cellars, Ltd.
Collins v. Heritage Wine Cellars, Ltd., 589 F.3d 895 (7th Cir. 2009), provided the controlling framework. The court reiterated two core
teachings from Collins:
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An intrastate leg can be “interstate commerce” under the MCA if it remains in “practical continuity” with a larger interstate journey.
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Temporary warehousing does not necessarily break continuity; the inquiry turns on whether the shipper had a “fixed and persisting
transportation intent” beyond the storage point.
Critically, the opinion imported Collins’s four-factor test (sourced from the ICC policy statement) to decide whether the storage-lot stop
was merely a “normal stop or stage” rather than the end of the interstate movement.
Burlaka v. Contract Transport Services LLC
Burlaka v. Contract Transport Services LLC, 971 F.3d 718 (7th Cir. 2020), reinforced that “continuous” does not mean uninterrupted, and that
the MCA exemption may apply even when the driver’s own route is intrastate, so long as it is part of an interstate journey. The court also cited
Burlaka for the policy rationale: limiting hours for safety in interstate transportation and thus displacing FLSA overtime requirements when
the DOT has jurisdiction.
Walling v. Jacksonville Paper Co.
Walling v. Jacksonville Paper Co., 317 U.S. 564 (1943), supplied the classic continuity formulation: goods remain “in commerce” if the pause is
a convenient intermediate step to the final destination. The Seventh Circuit used it (via Burlaka and Collins) to reject the idea that a brief
storage stop necessarily ends interstate character.
ICC Policy Statement (57 Fed. Reg. 19812 (May 8, 1992))
The opinion treated the ICC Policy Statement, Motor Carrier Interstate Transportation—From Out-of-State Through Warehouses to Points in Same States,
57 Fed. Reg. 19812 (May 8, 1992), as the operative articulation of the “fixed and persisting intent” criteria. The court applied its four factors
(as quoted in Collins) to Ford’s logistics model.
Regulatory Reference: 29 C.F.R. § 782.2(a)
By quoting Collins’ reference to 29 C.F.R. § 782.2(a), the opinion situated the exemption in the concept that DOT power extends to employees whose
activities directly affect motor vehicle safety in interstate commerce within the MCA’s meaning.