Thank you to everyone who helped contribute to this investigation. Unfortunately, at this point, attorneys working with ClassAction.org have decided to close their investigation into this matter. If you have questions regarding your rights, please reach out to an attorney in your area. Most offer free consultations.
The information below was posted when the investigation began and exists for reference only. Our open list of investigations can be found here.
At A Glance
This Alert Affects:
School and public transportation bus drivers who weren't paid for pre- or post-shift work.
What's Going On?
In August 2015, the Southeastern Pennsylvania Transportation Authority paid out $13 million to settle a lawsuit that claimed it failed to pay drivers for pre-shift work. We have reason to believe similar lawsuits could be filed on behalf of both public and school transportation bus drivers across the country.
Can I Get Fired?
Federal labor law prohibits employers from retaliating against employees who exercise their legal rights.
Attorneys are investigating the pay practices of public and school transportation companies across the country.
They have reason to believe that some companies may not be paying their bus drivers for pre- and post-shift work – a practice they believe violates federal labor law. To help with their investigation, they’re asking to speak with any bus driver who was not paid for safety checks and other tasks performed before or after their shifts began.
Bus Drivers & Overtime: How Should They Be Paid?
In general, bus drivers should be paid for any time they’re required or allowed to work. This includes “off-the-clock” work – which are tasks performed before the start or after the end of an employee’s shift. In fact, the Fair Labor Standards Act, a federal labor law, says that an employee’s workday may actually be longer than their scheduled shift.
Some “off-the-clock” tasks public and school transportation drivers may perform include:
Conducting safety inspections
Warming up the buses in cold weather
Checking in with the dispatcher
Completing and turning in paperwork, including waybills, transfers and vehicle condition reports
Waiting for students to be released from school
Getting delayed due to bad weather or traffic
Collecting and punching passenger transfers
Checking bulletin boards for detours and other daily operating conditions
When pre- and post-shift duties aren’t being counted toward the driver’s total hours worked, not only is the driver missing out on regular pay, he or she may also be getting cheated out of proper overtime wages.
How a Lawsuit Can Help
Bus drivers who weren’t paid properly may be able to join together a file a lawsuit to recover their unpaid wages, including overtime pay. A class action could also help enact proper pay practices at transportation companies across the country.
One lawsuit filed against the Southeastern Pennsylvania Transportation Authority (SEPTA) alleged the company failed to pay drivers for pre-trip inspections – a task that’s vital for passenger safety and, left unfinished, could result in $100 police ticket and suspension of the driver’s license.