FLSA Class Action Filed Against P.A.M. Transport
Last Updated on May 8, 2018
Browne et al v. PAM Transport Inc et al
Filed: December 9, 2016 ◆§ 4:16-cv-00888-BRW
A proposed class and collective action out of Arkansas claims P.A.M. Transport, Inc. and its CEO violated federal and state labor laws.
A proposed class and collective action out of Arkansas claims P.A.M. Transport, Inc. and its CEO violated federal and state labor laws by failing to pay employees the minimum wage.
The 33-page complaint details a laundry list of allegations of unlawful pay practices against the defendants. Filed by three former over-the-road truck drivers, the lawsuit claims the defendants, among other transgressions:
- Failed to pay newly hired drivers for time worked during the company’s orientation program
- Failed to pay drivers at least the federal minimum wage for all time worked as over-the-road “solo drivers”
- Failed to pay drivers for time worked while driving with a teammate
- Failed to pay drivers for all hours worked when shift assignments lasted longer than 24 hours
- Failed to pay drivers at least the federal minimum wage for all time worked due to unlawful deductions made through the Comdata system
The suit also claims that the defendants’ use of the Comdata pay system allegedly charged proposed class members to access their wages and “implemented unlawful deduction policies.” According to the lawsuit, the defendants forced drivers to use a Comdata Card to access their wages or make transactions, with the company receiving interest on the money left in drivers’ accounts. Further, the lawsuit says drivers were required to sign a consent form before using the Comdata cards and were charged fees for accessing their own wages and transferring the money into a bank account.
The suit seeks to break potential class members—members of the collective action—into six subclasses: initial orientation plaintiffs; team-driver plaintiffs; solo-driver plaintiffs; travel-time plaintiffs; Comdata plaintiffs; and deductions plaintiffs. Each proposed subclass covers individual who work or have worked for the defendants between December 6, 2013 to the present. Similarly, proposed members of the class action may be covered by an escrow plaintiffs subclass.
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