Cases & Investigations

Public Bus Driver Unpaid Wages Lawsuit Investigation

CASE STATUS: Under Investigation

Berger Montague is currently investigating the pay practices of public transportation companies across the country. There are companies who are not paying public bus drivers for their pre- and post-shift work, which violates federal labor law.

About the case

In August 2015, the Southeastern Pennsylvania Transportation Authority (“SEPTA”) paid $13 million to settle a lawsuit that claimed they did not pay their drivers for pre-shift work. Similar lawsuits can be filed on behalf of public bus drivers throughout the rest of the country.

According to the Fair Labor Standards Act (“FLSA”), bus drivers who work more than 40 hours a week and do not travel interstate are entitled to overtime pay. However, under the Motor Carrier Act (“MCA”), employers are not required to pay overtime to bus drivers who travel interstate.

Public bus drivers who are covered under the FLSA should be paid for any time they’re working, including “off-the-clock” work. Some examples of “off-the-clock” work include:

  • Conducting safety inspections
  • Warming up the buses in cold weather
  • Checking in with the dispatcher
  • Completing and turning in paperwork
  • Being delayed due to bad weather or traffic
  • Collecting and punching passenger transfers
  • Checking bulletin boards for detours and daily operating conditions

If you’re a public bus driver who suspects you’re not receiving proper payment, get in touch with us today. If your employer isn’t paying for your pre- and post-shift work, you may be able to file a lawsuit for your unpaid wages.

Do I have to pay to consult with an attorney?

We are happy to talk with you about your potential claims free of charge. If we decide to represent you in a lawsuit, we will enter into a written contingent fee agreement with you. A contingent fee agreement means we only get paid if we win, and that we will receive our fees from the amount paid by the Defendant in the case.

Please contact us to discuss the details of your case. You may:

  1. Use the contact form on this page
  2. Email info@bm.net
  3. Call (800) 424-6690

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Lead Attorneys

Shanon J. Carson

Managing Shareholder

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