Cases & Investigations

School Bus Driver Unpaid Wages Lawsuit

CASE STATUS: Under Investigation

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

About the case

According to the Fair Labor Standards Act (“FLSA”), school 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.

School 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
  • Waiting for students to be released from school
  • Being delayed due to bad weather or traffic
  • Disciplining students
  • Collecting and punching passenger transfers
  • Checking bulletin boards for detours and daily operating conditions

If you’re a school 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. EmailĀ
  3. CallĀ (800) 424-6690

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