Lawsuit Filed by Ex-Bus Driver for Kingly Coach, BWJ Group Seeks Allegedly Unpaid Wages

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A former employee has filed a proposed collective action against Kingly Coach, Inc.; BWJ Group Inc.; and three individuals with control of the businesses alleging the employers deprived him of wages owed to him under federal and New York law.

The plaintiff worked as a bus driver for the defendants from August 2013 to August 2017, during which time he was responsible for driving customers to Resorts World Casino in Jamaica, New York, the suit says. The former employee – who says he never received proper notice of his pay rate upon being hired – claims that between August 2013 and July 2016, he worked anywhere from 54 to 59 hours each week for a fixed bi-weekly salary of $720. This fixed salary translated to a pay rate below the required minimum wage for each hour worked, the complaint explains. 

From July 2016 through the remainder of his employment, the plaintiff worked an “unfixed schedule which varied widely,” the suit alleges, noting his total number of hours worked every other week exceeded 80. During and prior to this period, the plaintiff says, he was not compensated at a time-and-a-half overtime rate for hours worked in excess of 40 each week, nor did he receive state-mandated spread-of-hours pay for shifts exceeding 10 hours.

The man further accuses the defendants of improper recordkeeping and claims he was deprived of break periods, proper wage statements, and reimbursement for out-of-pocket expenses related to a company vehicle.