Kansas Court Rules in Favor of Furniture Company on Driver Status
A Kansas Court of Appeals ruled in favor of Nebraska Furniture Mart, ruling that NFM was not an "employer" as defined by the Kansas Minimum Wage and Maximum Hours Law, and had no obligation to pay the truck driver
A Kansas Court of Appeals ruled in favor of Nebraska Furniture Mart, ruling that NFM was not an "employer" as defined by the Kansas Minimum Wage and Maximum Hours Law, and had no obligation to pay the truck drivers
or helpers overtime pay.
"On the surface this sounds like it is a bad deal for truck drivers but in reality it ensures uniformity under the Motor Carriers Act and helps regulate interstate commerce," said Anthony J. Romano, Polsinelli Shughart's Labor and Employment vice chair and lead trial counsel on behalf of NFM. "In the trucking industry if you incent people to work more hours than the regulations allow, you have a danger issue. There is a reason this industry is regulated by the Secretary of Transportation. You can't have truckers driving unlimited hours. This is the policy that the Kansas legislature intended to promote in enacting the language of the KMWMHL."
The case was a class action filed by a truck driver against the Ford Moving & Storage Company and NFM. The truck driver was contracted to make deliveries to NFM's customers.
NFM's attorneys argued that the Kansas Minimum Wage and Maximum Hours Law did not apply to the company because it was "subject to" the federal Fair Labor Standards Act. The KMWMHL specifically excludes from its definition of "employer" any "employer who is subject to the provisions of the Fair Labor Standards Act."
In response, the plaintiff's attorney referred to the Kansas Supreme Court opinion in Dollison v. Osborne County, which held that if an employee is exempt from the FLSA's overtime provisions, then the KMWMHL operates to "fill the void" in favor of the employee receiving overtime pay for hours worked in excess of 46 hours in a week.
In this case, the plaintiff conceded that he was exempt from the overtime requirements of the FLSA pursuant to the Motor Carrier Exemption. However, because the KMWMHL does not contain a similar exemption, plaintiff argued that he was entitled to overtime under the KMWMHL.
However, Honorable Judge Daniel A. Duncan in the Wyandotte County District Court, affirmed Romano's argument and ruled in favor of Nebraska Furniture Mart.
More Drivers

From One Generation to the Next: How Mentorship Builds Safer Truck Drivers
After three decades in trucking, Harold Perry shares what he's learned about driver safety, mentorship, and helping the next generation build confidence behind the wheel.
Read More →
Truck Drivers Need More Than Another Alert
Fleets have more visibility into truck health, safety events, and driver activity than ever. The next challenge is turning all that information into useful guidance for the person who has to decide what to do next.
Read More →
FMCSA Removes 110 Truck Driver Training Schools from Certified ELDT List
Federal regulators also are targeting more than 160 additional training providers and launching a nationwide audit of third-party CDL skills testers as part of a broader crackdown on trucking fraud.
Read More →
Hours of Service Pilot Programs: FMCSA Readies for 2027 Rollout
Two pilot programs could eventually reshape hours-of-service rules, giving truck drivers options to pause their 14-hour clock or use longer split sleeper rest periods.
Read More →
Medical Cards, English Proficiency Reshape Roadcheck Violations
Medical-card violations jumped to the top of the driver out-of-service list during CVSA’s 2026 International Roadcheck, while English-language proficiency violations appeared among the leading violations for the first time.
Read More →
Driver Trust Can Make or Break the Success of Fleet Safety Technology
New Teletrac Navman research suggests that onboarding, transparency about driver data, and positive feedback can play a significant role in how commercial drivers respond to safety and coaching technology.
Read More →
EEOC Sues KLLM Over Alleged Sex Discrimination in Driver Training
KLLM is facing a federal sex-discrimination lawsuit over policies the EEOC alleges put female truck driver trainees at a disadvantage.
Read More →
FMCSA Moves to Codify English Language Requirements for Commercial Drivers
By changing regulations on English-language proficiency requirements for commercial drivers, rather than relying on a guidance memo, the FMCSA said future administrations won't be able to walk back the Trump administration's stricter enforcement with just a memo.
Read More →Drivers Put Western Star Trucks to the Test at Star Nation Experience
Watch to get an inside look at the Western Star trucks, technology, and community behind the Star Nation Experience 2026!
Read More →
Trump Administration Looks to Put More Veterans Behind the Wheel
The Freedom Haulers program pulls together existing and expanded programs at several federal agencies to recruit veterans to drive commercial heavy-duty trucks and cut the red tape for them to get a CDL, training, and employment.
Read More →
