Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

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

by Staff
February 19, 2010
2 min to read


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

Line of gray semi trucks with Fraley & Schilling logo
Safety & ComplianceJuly 15, 2026

How Fraley & Schilling Improved Logbook Compliance by Over 50%

Fraley & Schilling needed a way to close a compliance workflow gap in its ELD system without adding more work from driver training, reminders, and back-office follow-ups. It found the answer in a custom driver app.

Read More →
Volvo American Truck Simulator.
Driversby News/Media ReleaseJuly 8, 2026

Volvo Goes Gaming

Volvo has roared into American Truck Simulator with two new flagship trucks.

Read More →
Two black men in safety vests walking together laughing in a truck fleet yard
Driversby Deborah LockridgeJuly 6, 2026

What the Best Fleets to Drive For Teach About Driver Retention

Survey fatigue, AI-powered routing, owner-operator expectations, and the decline of social media all emerged as themes from this year's Best Fleets to Drive For program.

Read More →
Ad Loading...
Podcast thumbnail showing Jane Jazrawy, the words "When Drivers Tune Out," and a line drawing of a truck.
DriversJuly 2, 2026

Driver Retention Lessons From the Best Fleets to Drive For

What separates trucking's best workplaces from the rest? Jane Jazrawy shares the biggest lessons from this year's Best Fleets to Drive For program on driver retention, communication, AI, and workforce trends on the HDT Talks Trucking podcast.

Read More →
Man standing beside tractor-trailer in sepia tone with the words "Farewell CDL" superimposed on top
Driversby Jack RobertsJuly 1, 2026

Farewell, CDL: Why I'm Giving Up My Commercial Driver's License

After more than 20 years as a CDL holder, HDT Executive Editor Jack Roberts is letting his commercial license expire. Not because he wants to — but because trucking's nuclear verdict crisis has made the risks of public-road test drives too great for editors, manufacturers, and everyone involved.

Read More →
HDT Talks Trucking thumbnail with photo of Jane Jazrawy and the text,, "When Drivers Tune Out"
Driversby Deborah LockridgeJune 24, 2026

How Top Trucking Fleets Improve Driver Retention [Video]

What do healthy snacks, optimized routing, and just picking up the phone have in common? They're all strategies the Best Fleets to Drive For are using to retain truck drivers.

Read More →
Ad Loading...
Trucker Path Cargo Net theft overlay.
Driversby News/Media ReleaseJune 23, 2026

Trucker Path Adds Verisk CargoNet Theft Data to Navigation Platform

Trucker Path’s new cargo theft risk overlays give drivers and fleets visibility into high-risk areas, stolen commodity trends, and theft hotspots.

Read More →
Man seated in front of computer with inset of insights generated for a truck driver

Netradyne Intelligence Uses New AI Agents to Automate Response to In-Cab Camera Data

The company called the next-generation in-cab camera safety platform "a fundamental shift from systems that report on what happened to systems that actively drive what should happen next."

Read More →
Illustration of hourglass and trucks backed up to a dock
DriversJune 15, 2026

Why Truck Detention Keeps Costing Fleets Time and Money

A 2024 ATRI study found detention affects nearly 40% of truckload stops and costs the industry more than $15 billion annually. Despite the toll on drivers, fleets, and supply chains, the problem remains stubbornly persistent.

Read More →
Ad Loading...
Artist rendering of dealership with trucks and trailers parked outside
Equipmentby News/Media ReleaseJune 2, 2026

Prime Inc. to Open $7.9M Flagship Used-Truck Dealership

A new driver-focused facility to sell Prime Inc's used trucks and trailers will be the first purpose-built location in the company's history.

Read More →