  authorized     motor   carrier      that    transports   petroleum

products such as gasoline, diesel fuel, and home heating oil

throughout the northeastern United States.                During his at-will



     1 The record reflects a dispute as to whether Doran's employer
is JPN or codefendant Clancy Transportation, Inc. Nevertheless,
because plaintiff's brief states that he was employed by JPN, and
because defendants state in their brief that "[f]or purposes of
this appeal, [they] are satisfied with the Plaintiff's Statement
of the Case/Factual Background," we describe JPN as Doran's
employer.


                                  - 3 -
employment for JPN, Doran worked out of JPN's terminal in Hooksett,

New Hampshire.      Doran typically drove fourteen hours per day

without taking any paid breaks.     Doran claims that under the terms

of an oral contract with JPN, he was to be paid 30% of the "gross

revenue" earned by the truck each day.           From 2009 to 2014, JPN

charged a "fuel surcharge" to many of its customers to account for

"rapidly fluctuating changes" in the cost of the fuel used by the

delivery trucks.       Doran delivered loads for JPN for