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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND GERALD WILLIAMS * * v. * Civil No. JFM-05-3030 * MARYLAND OFFICE RELOCATORS * ***** MEMORANDUM

Gerald Williams brings this action against his former employer, Maryland Office Relocators, LLC, under the Fair Labor Standards Act ("FLSA"), the Maryland Wage & Hour Law ("MWHL"), and the Maryland Wage Payment & Collection Law ("MWPCL"). Discovery has been completed, and both parties have moved for summary judgment. The respective motions will be granted in part and denied in part.1 I. The primary question presented is whether plaintiff, while employed by defendant, fell within a class of employees over whom the Interstate Commerce Commission ("ICC") has the power to establish "qualifications and maximum hours of service." If he does not fall within this exemption, (the "Motor Carrier Act exemption"), it is undisputed that he is entitled to overtime pay. If, on the other hand, he does fall within the exemption, it is undisputed that he is not entitled to overtime pay. Plaintiff fell within the exemption if he was "a loader" within the meaning of 29 C.F.R.

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Maryland Law