Stephan Zouras, LLP represents hourly Paratransit Drivers who are currently or formerly employed by First Transit, Inc. in a collective class action lawsuit.
Under the Fair Labor Standards Act, employers are required to pay their employees hourly wages and overtime premium wages when applicable.
Plaintiffs assert that First Transit failed to pay employees for work done during “O Time,” or off-the-clock, and therefore violated their employees’ entitlement to minimum wages for all work performed, including overtime wages for time worked in excess of 40 in any given workweek.
Work duties performed by First Transit’s Paratransit Drivers during “O Time” include, but are not limited to:
- staying within sight of their vehicle at all times;
- remaining constantly available to the Dispatcher;
- remaining in position and prepared for their next pick up;
- refraining from personal cell phone use;
- refraining from using their vehicles for personal trips;
- meeting Company appearance guidelines;
- maintaining records of all incidents or accidents involving their vehicle;
- being responsible for all damage to their vehicle;
- being responsible for all fares kept in their vehicle;
- being responsible for all fuel usage by their vehicle; and
- being subject to discipline, up to and including termination, for violating these provisions.
This collective class action is open to first Transit Paratransit Drivers nationally who have performed work-related duties during “O Time” and were not properly compensated.
The Fair Labor Standards Act requires employers to pay all non-exempt employees at least the federal minimum wage and 1.5 times his or her regular rate of pay for all hours worked over 40 each workweek, unless the employer can prove its employees are properly classified as “exempt” from overtime pay. The law requires the employer to satisfy very specific and strict requirements to deny an employee overtime pay as an exempt professional, executive, administrator, intern or some other recognized exemption.
The FLSA also requires employers to keep accurate and complete time records of all employees. Many employers try to skirt the law by paying only for “scheduled” time worked or paying based on an estimated or otherwise inaccurate time. An employer’s failure to keep accurate time records and paying for all time worked can have serious consequences. In such cases, employees are eligible to seek other damages in addition to his or her unpaid wages, including double (or ”liquidated”) damages, back interest, attorneys’ fees and costs.
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