Full opinion text
MEMORANDUM AND ORDER NANCY F. ATLAS, District Judge. This Fair Labor Standards Act (“FLSA”) case is before the Court on the parties’ cross motions for summary judgment. Plaintiffs are current and former employees of Defendant Coil Tubing Services, L.L.C. (“Defendant” or “CTS”), who allege that they regularly worked over 40 hours per week and were wrongfully denied overtime wages. Defendant argues that various exemptions apply to Plaintiffs. To efficiently manage this case, which is not a collective action, the Court ordered the parties to conduct discovery on a “Bellwether group” of Plaintiffs (the “Bellwether Plaintiffs”). There are currently fourteen Bellwether Plaintiffs. The parties each have filed various summary judgment motions. All are ripe for decision. Having considered the parties’ briefing, the applicable legal authorities, and all matters of record, the Court grants the summary judgment motions in part and denies them in part. I. FACTUAL AND PROCEDURAL BACKGROUND A. CTS’s Business and Job Classifications Defendant CTS is an oil well service company. As part of its operations, CTS owns certain chemicals, tools, and coil tubing equipment including coil tubing reels, fluid pumps, nitrogen, nitrogen pumps, nitrogen transports, friction reducers, and cranes, which it transports via public highways to its customers at the customers’ well sites. During the period from November 13, 2005 through November 13, 2008 (the “relevant period”), Bellwether Plaintiffs held various positions with CTS: Equipment Operator (“EO”), Service Technician I (“ST-I”), Service Technician II (“ST-II”), Service Supervisor Trainee (“SST”), Service Supervisor (“SS”), Service Coordinator (“SC”), and/or Field Engineer I (“FE-I”). EOs, ST-Is, ST-IIs, SSTs, and SSs, but not FE-Is, or SCs, collectively, are referred to in this Memorandum as “Field Service Employees.” Applicability of FLSA exemptions regarding FE-Is and SCs will be analyzed separately as needed. During the relevant period, CTS divided its business into six districts. Plaintiffs currently in this case worked in four of those districts: Alice, Texas; Angleton, Texas; Bridgeport, Texas; and Broussard, Louisiana. At all relevant times, each CTS district offered its well services regardless of the location of the well. CTS serviced wells located on land (“land projects”) and offshore (“offshore projects”). The general procedure for assigning projects was (and apparently still is) as follows. An SC accepted a project from a customer and prepared a Load Out Ticket to initiate the process of filling the project order (often referred to by the parties as the “job order”). The SC within a district was responsible for determining what equipment and which Field Service Employees to assign to each project. This determination was made primarily on the basis of personnel availability, skill level, and occasionally customer requests. On occasion, personnel and equipment from one district were used to perform a project accepted by a different district. Districts solicited and accepted projects from locations within and outside the districts’ respective geographic boundaries. The SC identified the crew and assigned equipment on the Load Out Ticket. A CTS field service crew (for land and offshore projects) typically consisted of two or more ST-Is, ST-IIs, and/or SSTs and one or more SSs. The SC gave the Load Out Ticket to the SS. The land projects typically lasted several days, while the offshore projects were longer. CTS, generally using its Field Service Employees, transported its equipment, chemicals, and tools to each project site. For land projects, CTS expected each member of the field service crew to load and secure the necessary equipment, chemicals, and tools on CTS 18-wheel tractor-trailers and other trucks at CTS’s shop. For offshore projects serviced from the Angleton District, CTS Field Service Employees sometimes drove CTS’s equipment, chemicals, and tools. For certain Angleton District and all Broussard District offshore projects, third-party trucking companies were hired for the transport. Typically, for each project, the SC or SS completed and signed a document called a “Material Loading and Shipping Instruction” that identified the individuals who loaded the vehicles and the specific vehicles used for the project. As noted, CTS or third-party drivers drove the loaded trucks to the departure dock for loading on vessels to be taken offshore. Generally, the offshore Field Service Employees traveled in CTS pickup trucks to the shore loading dock. The sizes of these pickup trucks are unclear from the record. For land projects, SSs often operated larger pickup trucks, such as a Ford F-350 modified with a diesel fuel auxiliary tank affixed to the bed. SSs were expected to ensure that these 90-gallon auxiliary tanks were filled with diesel fuel before leaving the shop so that there was sufficient fuel to operate CTS’s equipment in the field. The rest of the Field Service Employees on the project crew (that is, the ST-Is, ST-IIs, and SSTs) generally had to operate (or be available to operate) the 18-wheel tractor trailer they were assigned to drive to and from the well-site. All the Field Service Employees used the equipment, chemicals, and tools brought to the project site to service the customer’s wells. At each project’s conclusion, Field Service Employees loaded onto the trucks at the project sites any CTS equipment that had been unloaded at the well site (“backloaded”) that needed to be returned to CTS’s shops or other facilities. There is a dispute about how much equipment is in fact removed from the trucks. Bellwether Plaintiffs all were CTS Field Service Employees, SCs, or FE-Is during the relevant period. They each had multiple duties on the projects to which they were assigned. According to CTS’s written job descriptions for EO, ST-I, ST-II, SST, and SS positions, these employees were required to work in the shop, load equipment to go to and be returned from customer projects, drive or assist in driving to project sites, and service oil wells for CTS customers. Plaintiffs state, however, that they in fact did not do many of these tasks. Sometimes a Field Engineer was assigned to a service crew. FE-Is were employed to monitor the pressure of coil tubing units, record their observations, input the data collected into a special computer program, and author a field report so the life of the coil tubing could be determined. To carry out their project duties, FE-Is were expected to travel to the project site in a CTS pickup truck. Each FE-I was expected to bring CTS-issued protective gear as well as well-monitoring tools and equipment. All Bellwether Plaintiffs were paid fixed salaries. CTS did not pay overtime although Plaintiffs claim they regularly worked in excess of 40 hours per week. Bellwether Plaintiffs’ job titles at CTS and dates of CTS employment are: Name_Title District_Start Date_End Date Byron Allen EO Broussard April 2005 December 2005 December 2005_February 2007 Donald Allen_ST-I_Angleton_February 2006_December 2007 Presley Branham ST-I Angleton April 2006 December 2007 Angleton_December William ST-I Broussard February 2007 June 2007 Broussard ST-I Broussard July 2006 January 2008 ST-II Broussard January 2008 June 2008 Broussard July 2008_February 2009 Alfredo Cantu EO Angleton July 2004 February 2005 ST-I Angleton February 2005 March 2006 Angleton_March Adam Crews ST-I Angleton April 2005 May 2006 Angleton_May 2006_March 2009 Gary Henderson SS Angleton November 2002 January 2005 SC Angleton January 2005 May 2006 2006_March 2007 Jesus Hernandez_ST-II Alice_July Billy Newman ST-I Broussard July 2005 July 2007 Broussard July 2007_June 2009 Cody Patin_ST-I_Angleton_September 2008_March 2009 Jose Pena_ST-II Alice_September Mahmoud Sheik_FE-I Angleton_May 2008_March 2009 Steven Tankersely_ST-I_Angleton_December 2006_September 2008 Donald Woodard_ST-I_Angleton_January 2008_March B. Procedural Background On November 13, 2008, eleven current or former CTS employees initiated this suit claiming violations of section 207 of the FLSA based on CTS’s failure to pay overtime wages. Many additional Plaintiffs have filed consents to join the action and seek overtime benefits. To efficiently manage this case, which is not a collective action, the Court ordered the parties to conduct discovery on CTS’s business practices generally, on each district’s business, as well as on a “bellwether group” of Plaintiffs. See Hearing Minutes and Order, dated November 24, 2009 [Doc. # 70]. Some individuals initially designated by the parties as Bellwether Plaintiffs have settled their claims or been dismissed from the suit by agreement; other Plaintiffs have been substituted into the Bellwether group. There are currently fourteen Bellwether Plaintiffs. Defendant argues that various exemptions to the FLSA’s overtime requirements apply to one or more of the Bellwether Plaintiffs, and that these exemptions completely bar recovery for overtime wages. The parties filed cross-motions for summary judgment on whether Defendant’s claimed FLSA exemptions apply to the Bellwether Plaintiffs, and on a couple of other issues. Those motions have been fully briefed and are ripe for decision. II. SUMMARY JUDGMENT STANDARD Rule 56 of the Federal Rules of Civil Procedure “mandates the entry of summary judgment, after adequate time for discovery and upon motion, against a party who fails to make a sufficient showing of the existence of an element essential to the party’s case, and on which that party will bear the burden at trial.” Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir. 1994) (en banc); see also Baton Rouge Oil & Chem. Workers Union v. ExxonMobil Corp., 289 F.3d 373, 375 (5th Cir.2002). “The Court shall grant summary judgment if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a); see Celotex Corp., 477 U.S. at 322-23, 106 S.Ct. 2548; Weaver v. CCA Indus., Inc., 529 F.3d 335, 339 (5th Cir.2008). For summary judgment, the initial burden falls on the movant to identify areas essential to the non-movant’s claim in which there is an “absence of a genuine issue of material fact.” Lincoln Gen. Ins. Co. v. Reyna, 401 F.3d 347, 349 (5th Cir. 2005). The moving party may meet its burden by pointing out “ ‘the absence of evidence supporting the nonmoving party’s case.’ ” Duffy v. Leading Edge Prods., Inc., 44 F.3d 308, 312 (5th Cir.1995) (quoting Skotak v. Tenneco Resins, Inc., 953 F.2d 909, 913 (5th Cir.1992)). If the moving party meets its initial burden, the non-movant must go beyond the pleadings and designate specific facts showing that there is a genuine issue of material fact for trial. Littlefield v. Forney Indep. Sch. Dist., 268 F.3d 275, 282 (5th Cir.2001) (internal citation omitted). “An issue is material if its resolution could affect the outcome of the action. A dispute as to a material fact is genuine if the evidence is such that a reasonable jury could return a verdict for the nonmoving party.” DIRECTV Inc. v. Robson, 420 F.3d 532, 536 (5th Cir.2005) (internal citations omitted). In deciding whether a genuine and material fact issue has been created, the facts and inferences to be drawn from them must be reviewed in the light most favorable to the nonmoving party. Reaves Brokerage Co. v. Sunbelt Fruit & Vegetable Co., 336 F.3d 410, 412 (5th Cir.2003) (internal citation omitted). The Court may make no credibility determinations or weigh any evidence, and must disregard all evidence favorable to the moving party that the jury is not required to believe. See Chaney v. Dreyfus Serv. Corp., 595 F.3d 219, 229 (5th Cir.2010) (citing Reaves Brokerage Co., 336 F.3d at 412-413). However, factual controversies are resolved in favor of the non-movant “only ‘when both parties have submitted evidence of contradictory facts.’ ” Alexander v. Eeds, 392 F.3d 138, 142 (5th Cir.2004) (quoting Olabisiomotosho v. City of Houston, 185 F.3d 521, 525 (5th Cir.1999)). The non-movant’s burden is not met by mere reliance on the allegations or denials in the non-movant’s pleadings. See King v. Dogan, 31 F.3d 344, 346 (5th Cir.1994); Johnston v. City of Houston, 14 F.3d 1056, 1060 (5th Cir.1994). Likewise, “eonclusory statements, speculation, and unsubstantiated assertions cannot defeat a motion for summary judgment.” RSR Corp. v. Int’l Ins. Co., 612 F.3d 851, 857 (5th Cir.2010); see also Delta & Pine Land Co. v. Nationwide Agribusiness Ins. Co., 530 F.3d 395, 399 (5th Cir.2008). “A party cannot defeat summary judgment with ‘only a scintilla of evidence.’ ” Delta & Pine Land Co., 530 F.3d at 399 (quoting Little, 37 F.3d at 1075). Rather, a party must support any assertion that a fact cannot be or is genuinely disputed by “(a) citing to particular parts of materials in the record ...; or (b) showing that the materials cited do not establish the absence or presence of a genuine dispute, or that an adverse party cannot produce admissible evidence to support that fact.” Fed. R. Civ. P. 56(c)(1). Affidavits cannot defeat summary judgment unless they contain competent and otherwise admissible evidence. Fed. R. Civ. P. 56(c)(4). A party’s self-serving and unsupported statement in an affidavit will not defeat summary judgment where the evidence in the record is to the contrary. See In re Hinsley, 201 F.3d 638, 643 (5th Cir.2000). Further, “the court need consider only the cited materials, but it may consider other materials in the record.” Fed. R. Civ. P. 56(c)(3). “Rule 56 does not impose upon the district court a duty to sift through the record in search of evidence to support a party’s opposition to summary judgment.” Malacara v. Garber, 353 F.3d 393, 405 (5th Cir.2003). “When evidence exists in the summary judgment record but the nonmovant fails even to refer to it in the response to the motion for summary judgment, that evidence is not properly before the district court.” Id. In the absence of any proof, the court will not assume that the non-movant could or would prove the necessary facts. Little, 37 F.3d at 1075 (citing Lujan v. Nat’l Wildlife Fed’n, 497 U.S. 871, 888, 110 S.Ct. 3177, 111 L.Ed.2d 695 (1990)). Rather, “if a party fails to properly support an assertion of fact or fails to properly address another party’s assertion of fact as required by Rule 56(c),” the court may, inter alia, “(2) consider the fact undisputed for purposes of the motion; [or] (3) grant summary judgment if the motion and supporting materials — including the facts considered undisputed — show that the movant is entitled to it----” Fed. R. Civ. P. 56(e). Finally, when evaluating cross-motions for summary judgment, the “[c]ross-motions must be considered separately, as each movant bears the burden of establishing that no genuine issue of material fact exists and that it is entitled to judgment as a matter of law.” Shaw Constructors v. ICF Kaiser Eng’rs, Inc., 395 F.3d 533, 538-39 (5th Cir.2004) (citing 10A Charles Alan Wright, Arthur R. Miller & Mary Kay Kane, Federal Practice and Procedure § 2720 (3d ed. 1998) (“Wright”)). “But if there is no genuine issue and one or the other party is entitled to prevail as a matter of law, the court will render judgment.” Wright, § 2720. III. STATUTORY ANALYSIS The FLSA, enacted in 1938, requires employers to pay their employees for work in excess of forty hours per week at a rate not less than one and one-half times the employee’s regular rate. 29 U.S.C. § 207(a)(1). However, the FLSA specifically exempts certain employers and/or employees from its overtime requirements. Id. § 213. “Exemptions under the FLSA are construed narrowly against the employer, and the employer bears the burden to establish a claimed exemption.” Songer v. Dillon Res., Inc., 618 F.3d 467, 471 (5th Cir.2010) (citing Barefoot v. Mid-America Dairymen, Inc., 16 F.3d 1216, 1994 WL 57686, at *2 (5th Cir. Feb. 18, 1994) (per curiam)); see also Arnold v. Ben Kanowsky, Inc., 361 U.S. 388, 392, 80 S.Ct. 453, 4 L.Ed.2d 393 (1960). A. Interplay Between the MCA and FLSA As enacted in 1935, until recently, the Motor Carrier Act (“MCA”) Exemption provides that the FLSA’s overtime requirement “shall not apply ... to ... any employee with respect to whom the [United States] Secretary of Transportation has power to establish qualifications and maximum hours of service .... ” 29 U.S.C. § 213(b)(1); see United States v. Am. Trucking Ass’ns, 310 U.S. 534, 60 S.Ct. 1059, 84 L.Ed. 1345 (1940) (discussing the purposes and policies of the MCA); see Maurer v. Hamilton, 309 U.S. 598, 606, 60 S.Ct. 726, 84 L.Ed. 969 (1940) (same). An important goal of the MCA was the safety of operations on the roads and highways of this country. Am. Trucking, 310 U.S. at 539, 60 S.Ct. 1059. Congress empowered the Secretary of the Department of Transportation (“DOT”) to prescribe “requirements for qualifications and maximum hours of service of employees of, and standards of equipment of, a motor private carrier, when needed to promote safety of operation.” 49 U.S.C. § 31502(b)(2). The Secretary of Transportation “ ‘need only possess the power to regulate the employees at issue; it need not actually exercise that power for the [MCA] exemption to apply.’ ” Songer, 618 F.3d at 472 (quoting Barefoot, 16 F.3d 1216, 1994 WL 57686, at *2). See Morris v. McComb, 332 U.S. 422, 434, 68 S.Ct. 131, 92 L.Ed. 44 (1947); Levinson v. Spector Motor Svc., 330 U.S. 649, 677, 67 S.Ct. 931, 91 L.Ed. 1158 (1947). It is “‘the character of the activities rather than the proportion of either the employee’s time or of his activities that determines the actual need for the [DOT’s] power.’ ” Morris, 332 U.S. at 431, 68 S.Ct. 131 (quoting Levinson, 330 U.S. at 674-75, 67 S.Ct. 931). It is only to the extent that the Secretary of Transportation does not have power to establish qualifications and maximum hours of service that the Fair Labor Standards Act applies. Levinson, 330 U.S. at 677, 67 S.Ct. 931. “This interpretation puts safety first ....” Id. The hazard of continuous driving is not “eliminated by a law which entitles [the driver] merely to an increased rate of pay ...” Id. at 680, 67 S.Ct. 931. Historically, when the DOT had jurisdiction over a motor carrier, the FLSA did not apply to certain transportation safety-related employees. See generally 29 C.F.R. § 782.2 et seq. Application of the MCA Exemption to an employee “depends both on the class to which his employer belongs and on the class of work involved in the employee’s job.” 29 C.F.R. § 782.2(a). The DOT has the power to establish maximum hours and qualifications to those classes of employees who: (1) [a]re employed by carriers whose transportation of passengers or property by motor vehicle is subject to his jurisdiction under section 204 of the Motor Carrier Act [codified at 49 U.S.C. § 31502] ...,and (2) engage in activities of a character directly affecting the safety of operation of motor vehicles in the transportation on the public highways of passengers or property in interstate or foreign commerce within the meaning of the Motor Carrier Act. Id. (emphasis added). In sum, both the DOT and the Department of Labor (“DOL”) implemented Congress’s guidance that there was mutual exclusivity of the jurisdiction of the DOL and the DOT over motor carriers’ employees hours and qualifications, Levinson, 330 U.S. at 678-79, 67 S.Ct. 931; Morris, 332 U.S. at 434, 68 S.Ct. 131, until statutory amendments in 2008. B. SAFETEA-LU On August 10, 2005, Congress enacted the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (“SAFETEA-LU”), Pub.L. No. 109-59, 119 Stat. 1144. This act amended the definition of “motor carrier” by essentially inserting the word “commercial” to modify the term “motor vehicle.” A “motor carrier” became defined as “a person providing commercial motor vehicle (as defined in section 31132) transportation for compensation.” 49 U.S.C. § 13102(14) (2005) (amended June 6, 2008). More pertinently, the SAFETEA-LU amended the definition of “motor private carrier” to mean “a person, other than a motor carrier, transporting property by commercial motor vehicle----”49 U.S.C. § 13102(15) (2005). The term “commercial motor vehicle” was then defined in pertinent part as a “self-propelled or towed vehicle used on the highways in interstate commerce to transport passengers or property, if the vehicle has a gross vehicle weight rating or gross vehicle weight of at least 10,001 pounds, whichever is greater.” Id. § 31132(1)(A) (emphasis added). The parties agree that the SAFETEALU limited the DOT’s regulatory power to those carriers using commercial motor vehides. With enactment of the SAFE-TEA-LU, vehicle weight became a key factor regarding whether an entity would be categorized as a DOT-regulated “motor carrier” or “motor private carrier.” See Albanil v. Coast 2 Coast Inc., 2010 WL 1404120, at *4-6 (S.D.Tex. Mar. 31, 2010) (Miller, J.), aff'd in relevant part, 444 Fed. Appx. 788 (5th Cir.2011) (motor private carrier); Mayan v. Rydbom Express Inc., 2009 WL 3152136, at *4 (E.D.Pa. Sept. 30, 2009) (motor carrier). Companies that did not use any “commercial motor vehicles” were no longer considered “motor carriers” or “motor private carriers,” and the MCA Exemption did not apply because the DOT no longer had regulatory authority over them. Such a carrier’s employees accordingly fell within the DOL’s jurisdiction and the FLSA. Plaintiffs contend that, after passage of the SAFETEA-LU, a motor private carrier’s employee would not be covered by the MCA Exemption if his duties affected only (or mostly) non-commercial motor vehicles, ie., motor vehicles weighing 10,000 pounds or less. The threshold legal issue here is whether the SAFE-TEA-LU implicitly narrowed the MCA Exemption to only those specific employees of motor private carriers who worked with commercial motor vehicles. The Court holds that the SAFETEA-LU did not alter the scope of motor private carriers’ employees within the MCA Exemption. The SAFETEA-LU amendatory language did not alter, or even address, the jurisdiction of the DOT over the range of employees who worked for motor carriers, or motor private carriers, within its jurisdiction. In other words, the SAFETEALU did not say the DOT’s jurisdiction regarding entities that qualified as motor carriers or motor private carriers was restricted to employees who used, drove or loaded the commercial motor vehicles. The SAFETEA-LU did not expressly address or alter any provisions of the FLSA. Nowhere did Congress evince an intent to amend the MCA Exemption to alter the range of employees exempted from the FLSA overtime provisions. See Mayan, 2009 WL 3152136, at *5; Collins v. Heritage Wine Cellars, Ltd., 2008 WL 5423550, at *19-20 (N.D.Ill. Dec. 29, 2008); Tidd v. Adecco USA Inc., 2008 WL 4286512, at *4 (D.Mass. Sept. 17, 2008). This Court finds the reasoning and decision on this issue in Mayan to be persuasive. The Mayan court recognized that this interpretation of the reach of SAFETEA-LU is consistent with “Congress’ silence as to the well-developed judicial interpretations of the Motor Carrier Act and the overtime exemption.” Mayan, 2009 WL 3152136, at *5. When amending a statute, Congress is presumed to be aware of the federal courts’ intervening interpretations of a statute. “If Congress’ amendments convey no intent to alter those judicial interpretations, then the court must presume that Congress did not intend a change.” Id. (citing Ankenbrandt v. Richards, 504 U.S. 689, 700-01, 112 S.Ct. 2206, 119 L.Ed.2d 468 (1992)). Courts presume that “ ‘the new statute has the same effect as the previous version.’ ” Id. (quoting Emerson Elec. Supply Co. v. Estes Express Lines Corp., 451 F.3d 179, 187 (3d Cir.2006) (quoting Firstar Bank, N.A. v. Faul, 253 F.3d 982, 988 (7th Cir. 2001)); citing Midlantic Nat’l Bank v. N.J. Dep’t of Envt’l Prot., 474 U.S. 494, 501, 106 S.Ct. 755, 88 L.Ed.2d 859 (1986)); see also In re Timbers of Inwood Forest Assoc., Ltd., 793 F.2d 1380, 1390 (5th Cir. 1986). Before the SAFETEA-LU, determination of which employees of a motor carrier would be exempt from FLSA overtime pay turned on whether the employees’ duties affected the safety of operations of motor vehicles in transport in interstate commerce. This assessment was based on longstanding judicial and agency interpretations of the term “employees” as used in the MCA and the MCA Exemption to the FLSA. The Supreme Court’s focus was whether employees’ duties affected the safety of operations. See generally Am. Trucking, 310 U.S. 534, 60 S.Ct. 1059; Levinson, 330 U.S. 649, 67 S.Ct. 931. Congress delegated authority to the DOT for the “regulation of transportation employees in matters of movement and safety only.” Am. Trucking, 310 U.S. at 544-45, 60 S.Ct. 1059. Congress presumably was aware of the well-established scope of the MCA Exemption. When it altered the definition of motor carrier and motor private carrier in the MCA, Congress had an opportunity to change which employees of those carriers could be exempted from the FLSA. Congress, however, did not do so. There also is nothing to indicate that Congress intended the SAFETEA-LU to alter DOL regulations. Finally, the DOL has not amended its formal regulations to support Plaintiffs’ suggested interpretation, despite years of opportunity to do so. Based on the foregoing, including the well-reasoned decision in Mayan, the Court concludes that the scope of the MCA Exemption under the SAFETEALU remained unchanged for employers that operate any commercial motor vehicles as these vehicles were defined by the SAFETEA-LU. C. Technical Corrections Act (“TCA”) On June 6, 2008, Congress passed the SAFETEA-LU Technical Corrections Act of 2008, Pub.L. 110-244, 122 Stat. 1572 (“TCA”). The TCA amended the SAFE-TEA-LU in two ways pertinent to this case. First, the pre-SAFETEA-LU definitions of “motor carrier” and “motor private carrier” were restored by essentially striking the modifier “commercial” before the phrase “motor vehicle.” See id. § 305(c), 122 Stat. 1572, 1620. This change accordingly expanded the reach of the DOT’s authority to cover again all employers that operated “motor vehicles” of any weight. This amendment restored the DOT’s regulatory jurisdiction to its pre-SAFETEA-LU scope. The TCA provided also, however, that “section 7 of the [FLSA] shall apply to a covered employee notwithstanding section 13(b)(1) of that Act [the MCA Exemption].” Id. § 306(a), 122 Stat. 1572, 1620 (referring to 29 U.S.C. §§ 207, 213(b)(1)). This change thus narrowed the range of employees who were covered by the MCA Exemption. Mayan, 2009 WL 3152136, at *9. By this provision, Congress broke with its legislative tradition pursuant to which expansion of the DOT’s jurisdiction concomitantly narrowed the reach of the DOL’s authority and thus the applicability of FLSA overtime provisions. Notwithstanding the MCA Exemption, under the TCA, the FLSA’s overtime provisions now apply to any “covered employee” as defined in section 306. Pub.L. 110-244, § 306(a), (c), 122 Stat. 1572, 1620-21; Mayan, 2009 WL 3152136, at *9. In substance, under the TCA, an employee of a motor carrier or motor private carrier (such as CTS) who works with “non-commercial motor vehicles” defined as vehicles weighing 10,000 pounds or less may now be entitled to overtime compensation. Id. § 306(a), (c), 122 Stat. 1572, 1620-21; Mayan, 2009 WL 3152136, at *9. IV. ANALYSIS OF MCA EXEMPTION UNDER THE SAFETEA-LU The MCA Exemption before (and under) the SAFETEA-LU applies if the Secretary of Transportation has the power to “establish qualifications and maximum hours of service pursuant to the provisions of section 31502 of Title 49.” 29 U.S.C. § 213(b)(1) (2004). “The Secretary of Transportation has the power to establish qualifications and maximum hours of service for employees who (1) are employed by carriers whose transportation of passengers or property by motor vehicle is subject to the Secretary’s jurisdiction under the Motor Carrier Act (MCA); and (2) engage in activities of a character directly affecting the safety of operation of motor vehicles in the transportation on the public highways of passengers or property in interstate or foreign commerce within the meaning of the MCA.” Barefoot, 16 F.3d 1216, 1994 WL 57686, at *2 (citing 29 C.F.R. § 782.2(a); Baez v. Wells Fargo Armored Serv. Corp., 938 F.2d 180, 182 (11th Cir.1991)). For Plaintiffs to qualify as exempt under the MCA Exemption while the SAFETEA-LU was in effect, Defendant must show that Plaintiffs meet both requirements. A. Employer Subject to DOT Jurisdiction Neither party disputes, and the Court holds, that at all times pertinent to this suit, CTS has met the definition of “motor private carrier” under the MCA because CTS has continuously operated commercial motor vehicles. Indeed, there appears to be no dispute that the DOT has classified CTS as a commercial motor carrier engaging in interstate operation carrying oilfield equipment. CTS has registered its commercial motor vehicles with the DOT. Accordingly, there is no genuine issue of material fact that CTS satisfies the first prong of the MCA Exemption test. B. Employees’ Activities Affecting Safety in Interstate Transportation The parties dispute whether the Bellwether Plaintiffs “engage in activities of a character directly affecting the safety of operation of motor vehicles in the transportation on the public highways of passengers or property in interstate ... commerce within the meaning of the Motor Carrier Act.” See 29 C.F.R. § 782.2(a)(2). 1. Analytical Framework The legal standard governing the determinations regarding the employees’ activities differs to some extent depending on whether the SAFETEA-LU or the TCA applies. The Court accordingly analyzes the second prong of the MCA Exemption in light of each version. More specifically, the Court here analyzes Plaintiffs’ claims arising between November 13, 2005 and June 5, 2008 (the “SAFETEA-LU Claims”) by assessing (i) whether Plaintiffs engaged in activities of a character that affected transportation safety, and (ii) whether those activities involved the transportation on the public highways of passengers or property in interstate commerce. The Court addresses Plaintiffs’ claims under the TCA in Section V hereafter. a. Individual Employee Analysis Not Appropriate Bellwether Plaintiffs argue that since passage of the SAFETEA-LU, the MCA Exemption applies only if CTS proves that the activities of each individual employee in issue directly affected the safety or operation of commercial motor vehicles in interstate transportation. The Fifth Circuit rejected Plaintiffs’ individual analysis approach in Songer, 618 F.3d at 473-74. In Songer, a post-SAFE-TEA-LU case, the Fifth Circuit held that the MCA Exemption applied to the plaintiffs as a group and affirmed the district court’s denial of overtime compensation. The Songer plaintiffs were indisputably truck drivers and operated commercial vehicles to haul materials to and from mines and quarries. Id. at 468. After noting that the MCA Exemption depended “ ‘both on the class to which his employer belongs and the class of work involved in the employee’s job,’” id. at 472 (quoting 29 C.F.R. § 782.2(a)), the Court of Appeals evaluated the plaintiff drivers’ duties and work requirements as a group. The Court did not require, proof that each individual employee regularly transported property by motor vehicle across state lines. Id. at 474-75. In deciding to address the MCA Exemption for the plaintiffs as a group, the Court focused on the facts that “drivers [were or] could have been called upon to drive in interstate commerce during their employment,” that their assignments changed often (on a daily basis), and that “any driver could have been assigned to an interstate trip” and thus was “subject to DOT safety regulations affecting the operations of trucks.” Id. at 475. The Fifth Circuit also applied a group analysis in Barefoot, 16 F.3d 1216, 1994 WL 57686. In that case, there were twenty-six plaintiff drivers who made at least twenty trips driving across state lines. Id. at *3. Based on this authority, this Court similarly rejects Plaintiffs’ argument that individualized analysis into each Bellwether Plaintiffs particular job experience is required to determine applicability of the MCA Exemption. With the exception of the Broussard District, as explained below, CTS has demonstrated without genuine material dispute that the Field Service Employees at the Alice, Bridgeport, and Angleton Districts serve as drivers of motor vehicles to and from projects serviced by CTS. These employees have similar job duties, were or could have been called upon to drive in interstate commerce during their employment, and receive project assignments that changed often. Any driver could have been assigned to an interstate project at any time. Where, as here, employees’ job duties and assignments are sufficiently similar to permit some grouping of the employees for analytical purposes, the applicability of the MCA Exemption should be determined as to that group as a whole. These grouping decisions are necessarily case specific, b. Company-Wide Analysis The FLSA prohibits an “employer” from requiring its employees to work longer than forty (40) hours in a workweek unless the employer pays overtime wages for the excess hours. 29 U.S.C. § 207(a). The provisions of § 207 do not apply to any employee covered by the Motor Carrier Act. 29 U.S.C. § 213(b)(1). Consequently, if the MCA exemption applies, the “employer” is exempt from paying overtime wages to the employees who fall within the exemption. CTS was Plaintiffs’ only “employer” during the relevant time periods; Plaintiffs were not employed by the various districts. Neither the FLSA nor the applicable legal authorities requires the employer to demonstrate that it operates as a single unit. All CTS districts operate under a single United States Department of Transportation (“DOT”) number, which is placed on every CTS vehicle subject to DOT regulation, including those in Alice and Bridgeport. There is interaction among the districts, including “borrowing” of personnel and/or equipment. A CTS district manager does not decline a project simply because the project site is in a different district. There is insufficient evidence or legal authority for this Court to treat the districts separately instead of conducting the MCA Exemption analysis based on CTS as a single “employer.” Additionally, a district-by-district analysis could have the unintended and unwanted effect of placing employees who engage in interstate driving from on district outside the DOT’s jurisdiction, while the DOT would have jurisdiction over employees in another district who never actually drove across state lines. Based on the Court’s consideration of the evidence, the relevant statutes and case law, and the unintended practical impact of a district-by-district ruling, the Court concludes that the MCA Exemption should be analyzed on a company-wide basis rather than district-by-district. 2. Engaged in Activities of a Character Directly Affecting Transportation Safety a. Driving A “driver” as defined for purposes of the MCA is “an individual who drives a motor vehicle in transportation ... in interstate or foreign commerce.” 29 C.F.R. § 782.3(a). “This definition does not require that the individual be engaged in such work at all times; it is recognized that even full-duty drivers devote some of their working time to activities other than such driving.” Id. Under DOL regulations, “drivers” include “partial duty drivers” who “drive in interstate or foreign commerce as part of a job in which they are required also to engage in other types of driving or non-driving work,” including: (1) “Individuals whose driving duties are concerned with transportation some of which is in intrastate commerce and some of which is in interstate or foreign commerce within the meaning of the Motor Carrier Act;” and (2) “individuals who ride on motor vehicles engaged in transportation in interstate or foreign commerce and act as assistant or relief drivers of the vehicles in addition to helping with loading, unloading, and similar work.” Id. The general rule in 29 C.F.R. § 782.2(b)(3) is that partial-duty driver’s activities “are such that the exclusion of them from the [Secretary of Transportation’s] safety program would have serious consequences.” Levinson, 330 U.S. at 679, 67 S.Ct. 931. Indeed, the DOT has not excluded partial-duty drivers — including those who “devote less than one-half of their time to driving” — from any of the required qualifications and safety regulations. Id. The DOT makes “active use of its powers of regulation in this field of part-time driving.” Id. at 680, 67 S.Ct. 931. An employee who engages in activities that include driving affects safety of operation, even where it is unknown “what fraction of his time was spent in activities affecting safety of operation.” See id. at 681, 67 S.Ct. 931. Indeed, “ ‘[t]en minutes of driving by an unqualified driver may do more harm on the highway than a month or a year of constant driving by a qualified one.’ ” Morris, 332 U.S. at 432 n. 11, 68 S.Ct. 131 (quoting Levinson, 330 U.S. at 687, 67 S.Ct. 931 (dissenting opinion)). Consequently, the amount of time spent driving does not determine whether the employee’s driving activities affect the safety of operation of a motor vehicle. Indeed, they are exempt “even in a workweek when the employee happens to perform no work directly affecting “safety of operation.” See 29 C.F.R. § 782.2(b)(3). “[D]rivers subject to DOT requirements, are employed in positions that ‘affect the operational safety of motor vehicles.’ ” Songer, 618 F.3d at 473 (citing with approval Barefoot v. Mid-America Dairymen, Inc., 826 F.Supp. 1046, 1050 (N.D.Tex.1993), aff'd, 16 F.3d 1216, 1994 WL 57686 (5th Cir. Feb. 18, 1994) (per curiam)). In Songer, the Fifth Circuit held that the employees were “drivers” for purposes of the MCA Exemption based in part on the fact that the drivers had to: meet DOT and Federal Motor Carrier Safety Regulations (FMCSR) requirements prior to assuming their driving duties, have a valid Class A commercial drivers license, meet regulatory driver qualification requirements, receive a compilation of relevant regulatory information (the FMCSR Pocketbook), and participate in “New Hire Safety Orientation” to review regulations and understand the difference between interstate and intrastate hours of service regulations. The drivers also were required to record their hours of service and complete vehicle FMCSR inspection reports. Id. at 470. Because this evidence, as a whole, indicated that the entire group of plaintiffs had been hired to drive motor vehicles across state lines, the Songer court held that plaintiffs were “drivers” under the MCA and that payment of overtime was not required. Id. at 475-76. The Court applies these factors to the Field Services Employee Plaintiffs. Land Projects. — Under the criteria in Songer, the evidence demonstrates that Field Service Employees who worked on land projects were “drivers” within the meaning of the MCA Exemption as fleshed out by DOL regulations. CTS District Managers in Angleton, Alice, Bridgeport, and Rock Springs each testified that “[f]ield service crew members are expected to transport coil tubing equipment, chemicals, and tools to provide coil tubing services at customer’s wells wherever the customer well is located. This is true even if it requires the field crew members to travel across state lines.” Field Service Employees often operated large commercial motor vehicles such as pickup trucks weighing more than 10,001 pounds that were motor vehicles historically under the jurisdiction of the DOT. The testimony of several Plaintiffs supports these statements. Also, significantly, there is no genuine dispute that the Field Service Employees drove CTS’s motor vehicles (often commercial motor vehicles) loaded with equipment and leftover supplies back to CTS’s shop at the conclusion of each project. It is clear that the driving activities were an integral, vital part of the Field Service Employees’ duties. Indeed, the work could not take place if the personnel and equipment were not transported to the project site. CTS asserts, although Plaintiffs dispute, that employees are required to have a Commercial Driver’s License (“CDL”) to work as an ST-I, ST-II, SST, or SS. Three CTS District Managers stated that “[a]ll employees who may be called upon to drive 18-wheel tractor-trailers, coiled tubing units, fluid pump trucks, nitrogen trucks, transports, or crane trucks are required to hold a valid CDL with hazardous material endorsement.” The ST-I, ST-II, and SS job descriptions include as a job prerequisite: “Valid CDL with hazardous material endorsement (land districts only — required).” Senior Human Resources Manager Tiffany Letch-worth (“Letchworth”) states that “[o]f the thousands of employees CTS has employed over time, an insignificant number of Field Service Employees may have not yet obtained a CDL, or may have lost his CDL due to expiration or punishment for illegal activity.” Plaintiffs argue that “[t]here is no proof that the undated job descriptions, which are expressly limited to ‘land districts,’ were ever enforced in the field.” This conclusory contention does not establish a genuine fact issue in light of the summary judgment record. Eight of the fourteen Bellwether Plaintiffs held a CDL during the relevant time period. In addition, Plaintiff Patín was in the process of obtaining a CDL. Plaintiff Woodard (who obtained a CDL while employed at CTS) held a Class B license, which allowed him to operate smaller commercial motor vehicles. Additionally, Plaintiffs Woodard and Patín testified that if an individual is hired as a “service technician” but does not hold a CDL when hired, he is told that he will need to obtain a CDL in order to keep his job and that CTS will assist him in obtaining a CDL. The evidence establishes that Field Service Employees were required to have a CDL, and only in unusual circumstances was the requirement waived. The evidence that a few Plaintiffs did not have these licenses does not create an exception sufficient to create a genuine fact issue that Bellwether Plaintiffs were not “drivers” subject to the MCA Exemption. See Garza v. Smith Int’l, Inc., 2011 WL 835820, at *7-8 (S.D.Tex. Mar. 7, 2011) (Jack, J.); Gonzalez v. W-H Energy Serv., Inc., No. 2:08-CV-311 (S.D.Tex. Jan. 7, 2010) (Ellington, M.J.), adopted by Order Adopting Memorandum and Recommendation (S.D. Tex. Jan. 29, 2010) (Head, J.). Another important factor in Songer was that, upon hire, Plaintiffs were issued a copy of the relevant regulatory information and were required to participate in a “New Hire Safety Orientation” to review the difference between interstate and intrastate hours of service regulations.” Additionally, they were required to record their hours of service and complete driver vehicle inspection reports. See Songer, 618 F.3d at 470. The evidence in the case at bar similarly shows that pursuant to DOT regulations and CTS requirements, CTS Field Service Employees performed DOT inspections to ensure that the load was secure and the vehicle was fit for safe operation on the highways before traveling to and from project sites. These DOT inspections require verification that, among other things, the truck’s lights were working properly, the load was secure, and the tires were properly inflated. The evidence also shows that Field Service Employees were expected to abide by DOT regulations specifically aimed at drivers, such as completing hours of service logs and passing DOT drug tests. Additionally, at least one Bellwether Plaintiff admitted that he observed and abided by the 70-hour “hours of service” rule issued by the DOT. CTS accordingly has established without material contradiction that Bellwether Plaintiffs who were Field Service Employees in land projects satisfied the safety-affecting duties aspect of the definition of “partial-duty drivers” in the DOL regulations. See 29 C.F.R. § 782.3; Songer, 618 F.3d at 473 (truck drivers subject to DOT requirements are “employed in positions that ‘affect the operational safety of motor vehicles’ ” (citing Barefoot, 826 F.Supp. at 1050)). Offshore Projects. — Bellwether Plaintiffs contend they did not meet the safety-affecting requirement for “drivers” under the DOL regulations when they were assigned to offshore projects. CTS contends that the offshore workers (referred to as “Service Workers”) were “drivers” or “drivers’ helpers” under DOL regulations regarding the MCA Exemption. Only the Broussard and Angleton Districts serviced offshore projects during the relevant period. At the Angleton District, Field Service Employees were assigned land and offshore projects indiscriminately. For the reasons explained in the preceding section, the Angleton District’s Field Service Employees met the safety-affecting aspect of the DOL definition of “partial duty drivers” by virtue of their land based assignments, irrespective of whether those employees also worked offshore. The Broussard District, in contrast, employed certain Field Service Employees for land based projects and other Service Employees for offshore projects exclusively. The land-based project Field Service Employees are covered by the analysis above, and they met the safety-affecting aspect of the DOL definition of “partial duty drivers.” In regard to the Broussard District employees who worked exclusively on offshore projects, the factual record is conflicting and there remain open legal issues. Plaintiffs Broussard and Newman worked only on offshore projects. CTS has demonstrated that Newman and other offshore Service Employees (but not Plaintiff Broussard) drove CTS pickup trucks (of unspecified sizes) from the shop to the load out dock where the employees met a vessel to go offshore. The Broussard offshore projects did not generally require CTS employees to drive commercial vehicles loaded with equipment and chemicals to the load out docks. CTS primarily used a third-party trucking company to transport the equipment. At least some of the job descriptions for various titles differed between the land and offshore assignments. The ST-II job description prerequisite of a “Valid CDL with hazardous material endorsement” was limited to “land districts only.” The requirement of “mobilization of equipment by driving” also was restricted to “land districts only.” Thus, CTS has not shown entitlement to summary judgment in its favor regarding the safety-affecting transportation duties of its Broussard District Service Employees, such as Newman. CTS argues that offshore Service Employees performed safety-affecting duties because Service Workers traveled to the offshore project loading docks with their CTS-issued personal safety gear. The record is unclear what gear was transported. The Court cannot determine on this record whether either of these activities rise to the level of a “safety-affecting duty” for Broussard District Service Employees with exclusively offshore assignments. The evidence raises a genuine fact dispute on the issue. b. Driver’s Helpers Plaintiff Broussard did not have a driver’s license at all and was prohibited by CTS from driving their vehicles because of multiple criminal charges. He, therefore, cannot meet the safety-affecting aspect of the DOL’s “driver” definition. CTS contends that Broussard was a “driver’s helper.” “A Driver’s ‘helper,’ as defined for Motor Carrier Act jurisdiction ... is an employee other than a driver, who is required to ride on a motor vehicle when it is being operated in interstate or foreign commerce within the meaning of the Motor Carrier Act.” 29 C.F.R. § 782.4. This definition includes all employees who: (a) “Assist in loading the vehicles (they may also assist in unloading), an activity which has been held not to affect ‘safety of operation’ (b) “dismount when the vehicle approaches a railroad crossing and flag the driver across the tracks, and perform a similar duty when the vehicle is being turned around on a busy highway or when it is entering or emerging from a driveway;” and (c) “in case of a breakdown: (1) Place the flags, flares, and fuses as required by the safety regulations. (2) go for assistance while the driver protects the vehicle on the highway, or vice versa, or (3) assist the driver in changing tires or making minor repairs; and assist in putting on or removing chains.” 29 C.F.R. § 782.4(a) (citations omitted). The Court denies summary judgment on this issue. There is a fact issue whether Broussard (and/or other Service Employees at the Broussard and other districts) met the definition of “driver’s helper.” There is little, if any, evidence presented about these possible services. c. Loading CTS argues also that Field Service Employees are “loaders,” and thus exempt under the MCA Exemption. The Court concludes that there are fact issues that preclude summary judgment for any party regarding whether or not Bellwether Plaintiffs were loaders. A “loader,” as defined for purposes of the MCA, is an employee of a carrier subject to the MCA “whose duties include, among other things, the proper loading of his employer’s motor vehicles so that they may be safely operated on the highways of the country.” 29 C.F.R. § 782.5(a). A loader’s duties “will usually also include unloading and the transfer of freight between the vehicles and the warehouse, but he engages, as a ‘loader,’ in work directly affecting ‘safety of operation’ so long as he has responsibility[,] when such motor vehicles are being loaded, for exercising judgment and discretion in planning and building a balanced load or in placing, distributing, or securing the pieces of freight in such a manner that the safe operation of the vehicles on the highways in interstate or foreign commerce will not be jeopardized.” Id. Neither CTS nor Plaintiffs has provided uncontradicted evidence regarding whether and to what extent the Field Service Employees engaged in loading activities at the districts’ shops and whether those employees exercised discretion in building a load or in securing freight “in such manner that the safe operation of the vehicles on the highways in interstate ... commerce will not be jeopardized,” as required by the MCA exemption. 29 C.F.R. § 782.5(a). Indeed, the evidence is conflicting as to whether Field Service Employees generally or Bellwether Plaintiffs actually loaded trucks and, if so, whether they merely followed the instructions of their superiors. There is evidence that CTS Field Service Employees at the Broussard District were not allowed to operate the forklifts and, at other locations, Plaintiffs did not in fact load despite management’s desire they do so and management’s belief that Field Service Employees in fact were helping in this regard. There is further dispute about whether Field Service Employees backloaded some equipment at project sites for return to the shop at the conclusion of each project. There, accordingly, remain genuine fact issues concerning whether the Bellwether Plaintiffs or CTS Field Service Employees (and offshore Service Employees) qualified as “loaders” under the DOL regulations for purposes of the MCA Exemption. Summary judgment is denied to both sides on this issue. 3. Activities Involved Interstate Transport Because CTS Field Service Employees assigned to land based projects, and possibly, offshore projects, are employed in positions that affect the operational safety of motor vehicles, the Court must address the question of whether Bellwether Plaintiffs’ “activities directly affected motor vehicle safety ‘in the transport of property in interstate commerce.’” Songer, 618 F.3d at 473 (emphasis added) (quoting 29 C.F.R. § 782.2(a)(2)); see Barefoot, 16 F.3d 1216, 1994 WL 57686 at *3. As noted, the Fifth Circuit has squarely rejected Plaintiffs’ argument that each employee, here, Bellwether Plaintiffs, must be shown to have actually driven a commercial motor vehicle across state lines before the MCA Exemption can apply. The pertinent inquiry is whether the employer establishes that the employee can be “reasonably expected” to engage or to be asked to engage in safety-affecting duties in connection with interstate transport of property “in the ordinary course of his work,” at least “from time to time.” Songer, 618 F.3d at 474; see 29 C.F.R. § 782.2(b)(3). The issue here, therefore, is whether objectively there can be said to be a “reasonable expectation” that an interstate trip could be assigned to members of a group, not whether a particular employee subjectively thought he was likely to receive an interstate assignment. The Songer court relied in part on the Supreme Court’s rationale in Morris v. McComb, 332 U.S. 422, 68 S.Ct. 131, 92 L.Ed. 44 (1947), which held that full-time drivers who as a group spent approximately 4% of their time transporting goods in interstate commerce and the remainder driving intrastate were subject to the MCA Exemption. The Supreme Court reasoned that apparently in the normal operation of the business, these strictly interstate commerce trips were distributed generally throughout the year and their performance was shared indiscriminately by the drivers and was mingled with the performance of other like driving services rendered by them otherwise than in interstate commerce. These trips were thus a natural, integral and apparently inseparable part of the common carrier service of the petitioner and of his drivers. Morris, 332 U.S. at 433, 68 S.Ct. 131. In Songer, the Court of Appeals held that truck drivers could reasonably be expected to engage in interstate transport where the percentage of loads transported across state lines was approximately 2.75%. See Songer, 618 F.3d at 476. There is no dispute in the case at bar that interstate trips were distributed generally throughout the year, and there is no evidence that an employee could routinely reject interstate assignments. Plaintiffs argue, however, that the interstate assignments were not “shared indiscriminately by the drivers” because CTS considered workers’ skill levels and would occasionally honor a customer’s request for a particular worker. Plaintiffs’ proposed interpretation of “indiscriminate” assignments is too restrictive. There is no evidence that CTS reserved interstate trips for specific employees. There is no suggestion that CTS required that customer requests be honored. There were multiple individuals in each district at each Field Service Employee job level. The employer’s use of some discretion does not preclude an assignment procedure from being “indiscriminate,” so long as the interstate projects were not reserved for certain workers. Interstate trips in this case have been a “natural, integral and apparently inseparable part” of CTS’s service and of the work of its employees who engaged in driving activities. See Morris, 332 U.S. at 433, 68 S.Ct. 131. For purposes of the “interstate” element of the MCA Exemption, Defendant presented evidence that a total of approximately 7% of all land projects and 11 % of all offshore projects during the relevant time period required Field Service Employees to drive across state lines. In Morris v. McComb, 332 U.S. 422, 68 S.Ct. 131, 92 L.Ed. 44 (1947), the United States Supreme Court held that full-time drivers who as a group spent approximately 4% of their time (and only 3.65% of the drivers’ trips) transporting goods in interstate commerce and the remainder driving intrastate were subject to the MCA Exemption. Morris, 332 U.S. at 433-34, 68 S.Ct. 131. In Songer v. Dillon Res., Inc., 618 F.3d 467, 476 (5th Cir.2010), the Fifth Circuit held that the MCA Exemption applied where the percentage of trips that involved interstate transport was approximately 2.75%. In Starrett v. Bruce, 391 F.2d 320, 323-24 (10th Cir.1968), the Tenth Circuit held that the MCA Exemption applied to a truck driver working for an employer who derived no income at all from interstate transport where the employer solicited’ interstate business and would have assigned the driver to interstate transport if the employer had obtained such business. Based on these and similar legal authorities, the Court concludes that the Field Service Employees are covered by the MCA Exemption. In addition to applying the MCA Exemption based on the percentage calculations discussed in Morris and Songer, the Court concludes that the evidence establishes that, objectively, there was a reasonable expectation that any CTS Field Service Employée could be assigned to drive interstate. There were interstate trips during each quarter during the relevant time period, and the trips were assigned indiscriminately. As a result, CTS could have assigned any Field Service Employee to any of those interstate trips such that there was a reasonable expectation that a Field Service Employee would drive interstate. Plaintiffs argue also that the Court should not consider offshore projects at all in determining whether Bellwether Plaintiffs were reasonably expected to travel across state lines. Only the Angleton and Broussard Districts serviced offshore projects during the relevant period. Regarding Angleton, the Court is unpersuaded that offshore projects are materially different from land projects to warrant segregation of data on out-of-state projects for interstate commerce purposes. The evidence shows that Field Service Employees were assigned to offshore and land based projects on an as-needed basis. Thus, both types of projects will be considered for that district in determining the likelihood of interstate travel by the Field Service Employees. In the Broussard District, however, the offshore and land-based projects will be considered separately because the employees that serviced land projects were completely different from those who handled offshore projects. The fact that certain Bellwether Plaintiffs personally may not have worked on any out-of-state projects during the relevant period or express now the subjective opinion that they were not likely to be involved in an out-of-state project, is not probative. See id. at 474; 29 C.F.R. § 782.2(b)(3). Plaintiffs’ driving activities, in general, affected directly the safety of operations of motor vehicles on the public highways in transportation in interstate commerce, and the rule applies regardless of the proportion of the employee’s time or of his activities which is actually devoted to interstate safety-affecting work in a particular workweek. The exemption will be applicable even in a workweek when the employee happens to perform no work directly affecting safety of operation. It is “the character of the activities, rather than the proportion of the employee’s time or activities” that determines the DOT jurisdiction to regulate employees under the exemption. Songer, 618 F.3d at 473 (internal quotation marks and citations omitted). Insofar as the interstate commerce aspect of the MCA Exemption is concerned, the Field Service Employees fall within the MCA Exemption. Therefore, summary judgment is granted in CTS’s favor that the MCA Exemption applies to all Field Service Employees for the period November 13, 2006 through June 5, 2008, with the exception of the employees in the Broussard District who were assigned exclusively to offshore projects. See 29 C.F.R. § 782.2(b)(2). Plaintiffs’ summary judgment motion is denied as to the MCA Exemption. V. TCA CLAIMS (POST-JUNE 5, 2008 CLAIMS) The Court denies both motions for summary judgment as to any cl