New York 7/23/2013 3:00:24 AM
News / Law

Paratransit Drivers Denied Overtime May Have Legal Recourse to Collect Unpaid Wages

Paratransit drivers who were denied overtime wages may be able to file a claim to collect compensation for unpaid, time-and-a-half wages. The attorneys working with ClassAction.org are currently investigating the pay practices of paratransit companies across the country, and are interested in hearing from workers who transport handicapped and disabled clients. It is believed that some paratransit drivers are being misclassified as ineligible to collect overtime when they should be receiving time-and-a-half pay for all hours worked over 40 in a single workweek. To find out whether you could be owed compensation for your overtime, visit http://www.classaction.org/paratransit-drivers-unpaid-overtime.html to receive a free, no obligation case review. 

Most employers are required to pay their workers in accordance with a federal labor law known as the Fair Labor Standards Act (FLSA). The FLSA establishes minimum wage, recordkeeping and overtime pay standards. It has been alleged that some companies have been misclassifying their paratransit drivers as “independent contractors” to circumvent their obligations under the FLSA, which applies only to employees and not independent contractors. It has been alleged that some companies have been incorrectly labeling their paratransit drivers as independent contractors, rather than employees, to avoid paying due overtime wages. 

A number of factors determine whether an individual is considered an employee or independent contractor. The most significant of these factors is whether the company has the right to direct or control how the individual performs his or her work. If the company has the right to “direct and control,” the worker is likely an employee, rather than an independent contractor.  A business may be exercising its right to “direct and control” if it tells the individual how to dress or act on the job; requires that the individual can only work on the job at certain times; requires that the individual obtains approval before hiring and firing other workers; or requires that the individual to undergo specific, company-provided training. 

If you suspect you have been misclassified as an independent contractor, you may have legal recourse to collect compensation for your unpaid overtime wages, which are typically paid at a rate of time-and-a-half the workers’ regular rate. For more information, please visit ClassAction.org today. 

About Class Action.org

Class Action.org is dedicated to protecting consumers and investors in class actions and complex litigation throughout the United States. Class Action.org keeps consumers informed about product alerts, recalls, and emerging litigation and helps them take action against the manufacturers of defective products, drugs, and medical devices. Information about consumer fraud issues and environmental hazards is also available on the site. Visit http://www.classaction.org today for a no cost, no obligation case evaluation and information about your consumer rights.