First Transit, Inc. finds itself as the defendant in a proposed class and collective action filed by an employee who alleges the transit company maintains an unlawful policy that requires drivers to perform off-the-clock work.
The plaintiff, an hourly paid paratransit driver who provides transportation services for disabled individuals, claims his employer fails to pay employees for time gaps greater than 30 minutes between customer rides. Although drivers are off-the-clock during these gaps, which the defendant calls “O Time,” they are required to adhere to company policies that “severely limit their freedom,” including remaining available to the dispatcher, staying within sight of their vehicle, and refraining from personal cell phone use, the suit alleges.
According to the complaint, the plaintiff was subject to unpaid “O Time” gaps of more than 90 minutes approximately three times a week, and gaps of about two hours approximately twice a week. The driver claims he spent an average of four hours each week performing off-the-clock work, pushing his hours worked in excess of 40 each week, for which he was not compensated with time-and-a-half wages.