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 First Student settles overtime lawsuit
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JK
Top Member

USA
7307 Posts

Posted - 01/28/2010 :  7:53:56 PM  Show Profile  Visit JK's Homepage  Reply with Quote
School bus company settles overtime lawsuit with former Maryland employees

by Caryn Tamber

JAN 28 2010
Dolan Media Newswires

BALTIMORE, MD -- A school bus company has agreed to pay $1.5 million to settle a class-action overtime lawsuit by its former Maryland employees.

The bus drivers, aides and others, who worked in Baltimore city and Baltimore County, sued First Student Inc. in federal court, alleging violations of the Fair Labor Standards Act, the Maryland Wage and Hour Law, and the Maryland Wage Payment and Collection Law. ...

Click Here for full story

Death at the school bus stop booklet (pdf) Updated 10/21/2009 - Click Here for Link (Thread Post #4)

Free Photos, Ads, New School Year Bus Safety Template with Quiz - for use in schools and transportation departments to help promote school bus safety. Not for Resale use. Contact if release needed. You do not have to be a member to download these resources. Click Here for link

Policy Development Sheet: School Bus Code of Conduct - Click Here for Link (See Post #2)

WallyG
Advanced Member

United States
254 Posts

Posted - 01/28/2010 :  11:17:10 PM  Show Profile  Reply with Quote
Must be a carry over from the purchased company. I can't imagine any FS manager paying no OT when there is a seperation of duties - it is a clear violation of labor law.

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bus724
Top Member

USA
1609 Posts

Posted - 01/29/2010 :  2:49:43 PM  Show Profile  Visit bus724's Homepage  Send bus724 an AOL message  Reply with Quote
I can believe it. I haven't personally seen them try this one, but I'm aware of things I'd rather not post on here that fit that pattern.
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ohMatty2
Active Member

USA
26 Posts

Posted - 01/30/2010 :  7:06:46 PM  Show Profile  Reply with Quote
i thought overtime was not warranted for school bus drivers? For example..I thought a driver could work 40 hours driving the bus then 40 hours in charters and be paid two seperate wages or am i confusing that with something else

Schoolbus driver: 2001 to 09. Employers: Laidlaw, AA Transportation, Shrewsbury, MA.
AKA: 80RE4, Laidlawdrivermassachusetts, 96Amtran-Re. Buses: Amtran RE, Thomas FE.

Edited by - ohMatty2 on 01/30/2010 7:08:00 PM
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WallyG
Advanced Member

United States
254 Posts

Posted - 01/31/2010 :  05:43:35 AM  Show Profile  Reply with Quote
Matty, that would be a violation of labor laws. Companies who do that sort of thing need to be prosecuited/sued and pay restitution to their employees.
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Mr. Dave
Senior Member

United States
120 Posts

Posted - 01/31/2010 :  2:06:26 PM  Show Profile  Reply with Quote
Another neat trick is to pay one wage, say $12:00/hr for driving routes, and another wage, say $8:00/hr for charter work.All O.T. is payed on charter work as route work comes first. Thus O.T. is payed time and a half, or $12:00/hr. If this sort of crap were legal everyone would do it. Just shows the brain trusts that run our industry.

P.S. Anyone want to lay a side bet if this was a union shop?

Shiny side up

Greasy side down
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bus724
Top Member

USA
1609 Posts

Posted - 01/31/2010 :  2:12:09 PM  Show Profile  Visit bus724's Homepage  Send bus724 an AOL message  Reply with Quote
Unions don't always help. Pay raises are sometimes barely enough to cover union dues, and some unions create a hostile workplace by bullying management and non-union drivers.
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Peter
Top Member

USA
1055 Posts

Posted - 01/31/2010 :  2:52:58 PM  Show Profile  Reply with Quote
Some?!? That's union tactics 101: create the problems that you will promise to solve.

Spicer is nicer.
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Spencer
Senior Member

United States
188 Posts

Posted - 02/20/2010 :  6:03:54 PM  Show Profile  Reply with Quote
I don't have anything to say on this issue except for the fact that I was just recently talking with drivers here. They claim that they had the same problem with our Branch Manager and Regional Manager trying to do the same thing, how ever it didn't work well and when some threaten to leave they changed it back. So that we would not be short more drivers than we already are.

New School Bus Site:
www.schoolbuslover.smfnew.com/index.php
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bus724
Top Member

USA
1609 Posts

Posted - 02/21/2010 :  1:07:31 PM  Show Profile  Visit bus724's Homepage  Send bus724 an AOL message  Reply with Quote
quote:
Originally posted by Spencer

I don't have anything to say on this issue except for the fact that I was just recently talking with drivers here. They claim that they had the same problem with our Branch Manager and Regional Manager trying to do the same thing, how ever it didn't work well and when some threaten to leave they changed it back. So that we would not be short more drivers than we already are.



They changed it back only to avoid a driver shortage? How about changing it because it's the right thing to do, and because it's the law?
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ohMatty2
Active Member

USA
26 Posts

Posted - 02/21/2010 :  4:00:17 PM  Show Profile  Reply with Quote
quote:
Originally posted by WallyG

Matty, that would be a violation of labor laws. Companies who do that sort of thing need to be prosecuited/sued and pay restitution to their employees.

I don't know how they got away with it. Many people who questioned it are now working for a different company.

Schoolbus driver: 2001 to 09. Employers: Laidlaw, AA Transportation, Shrewsbury, MA.
AKA: 80RE4, Laidlawdrivermassachusetts, 96Amtran-Re. Buses: Amtran RE, Thomas FE.
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Spencer
Senior Member

United States
188 Posts

Posted - 02/21/2010 :  7:52:41 PM  Show Profile  Reply with Quote
quote:
Originally posted by bus724

quote:
Originally posted by Spencer

I don't have anything to say on this issue except for the fact that I was just recently talking with drivers here. They claim that they had the same problem with our Branch Manager and Regional Manager trying to do the same thing, how ever it didn't work well and when some threaten to leave they changed it back. So that we would not be short more drivers than we already are.



They changed it back only to avoid a driver shortage? How about changing it because it's the right thing to do, and because it's the law?




Yeah he told me the regional manager agreed to change it back only to avoid being short more people then we already are.

New School Bus Site:
www.schoolbuslover.smfnew.com/index.php
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Former School Bus M8
Senior Member

143 Posts

Posted - 03/11/2010 :  5:10:32 PM  Show Profile  Reply with Quote
We were told the same thing when I worked for FS. Since it was not the same job it didn't count as overtime. I.E. if my bus route was 35 hours and I did a ten hour charter I would not get overtime because as we were told it was two different jobs event hough it was for the same company. I never made a big deal of it because I rarely did over 40 hours.

Someone told me that FS was exempt from it because the co. covered multiple states. If it was a small mom and pop co. who had one or two districts, they would have to pay the driver overtime. I don't know how true that is but if it is what's wrong with that picture?

School Bus M8
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78fordwayne
Top Member

USA
2868 Posts

Posted - 03/12/2010 :  08:36:17 AM  Show Profile  Visit 78fordwayne's Homepage  Send 78fordwayne an AOL message  Send 78fordwayne a Yahoo! Message  Reply with Quote
quote:
Originally posted by Former School Bus M8

We were told the same thing when I worked for FS. Since it was not the same job it didn't count as overtime. I.E. if my bus route was 35 hours and I did a ten hour charter I would not get overtime because as we were told it was two different jobs event hough it was for the same company. I never made a big deal of it because I rarely did over 40 hours.

Someone told me that FS was exempt from it because the co. covered multiple states. If it was a small mom and pop co. who had one or two districts, they would have to pay the driver overtime. I don't know how true that is but if it is what's wrong with that picture?


They do the same thing at my base.
Charters are considered a different job with a lower pay. Now they are starting to pull drivers off there route when they get to close to the 40 hour mark.
I'm not sure how or why they get away with this.

Robert B.

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Spencer
Senior Member

United States
188 Posts

Posted - 03/12/2010 :  6:45:09 PM  Show Profile  Reply with Quote
They really shouldn't at least I don't think they should because to me its not fair to all of you bus drivers out there who work for them and deserve the overtime that you work for. I don't understand why they don't pay the same thing at all the locations either because some locations have more drivers because the pay is higher and others like mine are short big time in drivers because the pay is so low.

New School Bus Site:
www.schoolbuslover.smfnew.com/index.php
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WallyG
Advanced Member

United States
254 Posts

Posted - 03/13/2010 :  02:58:51 AM  Show Profile  Reply with Quote
Pulling drivers close to 40, that's real good for the kids. Most problems occure when the regular driver is not on the job. Proves the point that it's about the money always about the money, school districts go with the lowest bidder even if they were getting terrible service or a contractor who can't do the job. This industry is being run by people who only care about the next income statement. It's not going to get any better with the tax dollars not coming in these brain trusts who run the education system will be forced into some interesing decisions about where to cut. Mark these words it is not a rosey future for the bus industry.
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Spencer
Senior Member

United States
188 Posts

Posted - 03/13/2010 :  11:04:39 AM  Show Profile  Reply with Quote
yeah, our bus service wont go away though because we contract everything and do not have our own buses that work or drivers that are legally able to drive. So First Student will be here for ever. Which we had already been with LL for 15 years before these last three which have been with First Student.

We are still short drivers now because of the whole pay problem. Not only overtime but just because they pay so little anyways.

New School Bus Site:
www.schoolbuslover.smfnew.com/index.php
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Former School Bus M8
Senior Member

143 Posts

Posted - 03/13/2010 :  5:10:26 PM  Show Profile  Reply with Quote
quote:
Originally posted by WallyG

Pulling drivers close to 40, that's real good for the kids. Most problems occure when the regular driver is not on the job. Proves the point that it's about the money always about the money, school districts go with the lowest bidder even if they were getting terrible service or a contractor who can't do the job. This industry is being run by people who only care about the next income statement. It's not going to get any better with the tax dollars not coming in these brain trusts who run the education system will be forced into some interesing decisions about where to cut. Mark these words it is not a rosey future for the bus industry.



I work up to fifty hours within a six day work week. I get a good night sleep and am well rested when I wake up. My second job doesn't include driving and I do it between and after my bus route so it doesnt affect my driving.

I don't know how some of these drivers that leave the bus yard at 4:30 AM and are up the whole day and parking the bus at 6pm sometimes 8pm do it. Without it comprimising my driving skills, i know I couldn't do it. I agree with you that the this industry is going in the wrong direction. In my state going with low bidder is law and it's very difficult to prove the low bidder irresponsible. Sadly I have come to realize that some school districts don't care and don't want to know the lack of quality some bus contractors provide. Sometimes I wonder if the district administrators rahter prefer ot not know whats going on with the contractor as they feel the blame will lie solely on the contractor if something serious happens.

School Bus M8
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ExFSSlave
New Member

2 Posts

Posted - 05/17/2013 :  03:08:34 AM  Show Profile  Visit ExFSSlave's Homepage  Reply with Quote
I'm in that boat right now,after telling my C.M I'm going to start claiming every minute after her B!t#* us out meeting.OOPS unemployed 3 months after that. To top it off she denied my UE..
quote:
Originally posted by ohMatty2

quote:
Originally posted by WallyG

Matty, that would be a violation of labor laws. Companies who do that sort of thing need to be prosecuited/sued and pay restitution to their employees.

I don't know how they got away with it. Many people who questioned it are now working for a different company.

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AmTran Fan
New Member

8 Posts

Posted - 06/14/2013 :  4:37:58 PM  Show Profile  Visit AmTran Fan's Homepage  Reply with Quote
When I worked for First Student, they made us drive for 3 months with expired plates, so their not wanting to pay overtime is no big shocker. They are going to get by with everything they can possibly do, no matter how large or small. At one time, we had to have permission just to order toilet paper. My hope is that someone can come up with enough cash to buy them out, and get them out of the US!
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