A Pennsylvania federal judge has conditionally certified a paratransit drivers’ opt-in class action lawsuit, alleging that First Transit Inc. failed to pay drivers overtime. The suit claims that First Transit violated the Fair Labor Standards Act by refusing to pay paratransit drivers for the “O time” they perform. Diamond’s preliminary certification of the class is a first step in pursuing a lawsuit against First Transit.
Class
In 2020, the first federal court will hear a Paratransit Drivers Unpaid Overtime lawsuit. This suit alleges violations of the Fair Labor Standards Act (FLSA), which requires employers to pay non-exempt employees the federal minimum wage and 1.5 times their regular rate of pay for all hours worked over 40 hours in a week. First Transit denies the allegations, saying the drivers were given scheduled breaks or gaps during their shifts.
Collective action
The first-ever transit paratransit drivers’ collective class action filed in Pennsylvania alleges that their employer violated the Fair Labor Standards Act by not paying them for time worked during scheduled gaps. For example, a driver might work for 10 hours on one day but only get paid for eight hours because the gaps occurred during his workday. First Transit denies the allegations. However, the court ordered that First Transit pay its drivers the overtime they were legally entitled to.
Breach of contract
In the Breach of Contract Suit against Transdev, the Plaintiff’s Drivers allege that they were not paid for all the hours they worked in the past two years. They say they were misclassified as joint employees and owed unpaid overtime wages. Plaintiff Drivers argue that Transdev violated the law by not paying them the living wage required under the FLSA. The Plaintiff Drivers claim that the company is liable for the unpaid overtime and must compensate the drivers accordingly.
Control over work performed by Plaintiff Drivers
The law firm Gardy & Notis filed a class action suit against TransCare Corporation, a New York medical transportation company that is a contract provider for the state’s Access-A-Ride program. The plaintiffs argue that TransCare’s management of drivers, from training to dispatch, controls too much of their work. As a result, drivers are not compensated for all of the hours they work or for overtime. In some cases, drivers may work as much as eleven hours in a single day, but receive only payment for six or seven hours.
Missed lunch breaks
A recent class-action lawsuit filed by six Paratransit Drivers and six dispatchers has alleged that the companies improperly misclassified the drivers as contractors and failed to pay them for time off the clock. In this case, the drivers allege that they were required to work more than 40 hours per week in shifts of up to fifteen hours, for which they were only paid $4 an hour.
Power over hiring
A Pennsylvania federal judge has granted preliminary certification to a Paratransit Drivers Unpaid Overtime suit, alleging that the transit company failed to pay them for “O time” work. Paratransit drivers are entitled to overtime pay under the Fair Labor Standards Act, which requires employers to pay non-exempt employees at least the federal minimum wage and 1.5 times their regular rate of pay for hours worked beyond forty hours in a workweek.
Control over work performed by Transdev
The MTA contract for Paratransit Service requires the contractor to monitor the drivers under its contracts, including their performance. Transdev had its performance evaluation plan and recordkeeping system. Transdev must train all its drivers and have its dispatchers. Drivers must follow the Safety Policy & Procedure Manual. The MTA requires the contractor to supervise and discipline all drivers. If the drivers fail to meet the standard, Transdev can terminate the driver’s employment.
