Bus Driver Files Lawsuit Against Warsaw Schools Seeking Overtime Pay
July 21, 2017 at 11:43 p.m.
By Michael [email protected]
David Williams filed the case in United States District Court Northern District of Indiana South Bend division, in April.
Williams filed the suit for himself and on behalf others “similarly situated.”
The court has not certified the case as a class action yet.
In addition to WCS, Dr. David Hoffert, superintendent; Jeanine Corson, director of human resources; Brandon Penrod, chief financial officer; and Cheryl Cook, former transportation director, are named as
Williams claims WCS violated federal labor laws by not paying bus drivers
Williams alleges WCS?owes him and other unnamed drivers three years of back wages for unpaid work, which is double the amount owed in accordance with state law.
The lawsuit alleges bus drivers are paid a set rate regardless of how many hours they work.
The lawsuit says Williams and the other drivers were not paid for time inspecting the bus before or after a trip, or time waiting during a school activity.
Williams’ case is currently scheduled for a three-day trial Aug. 20, 2018, in federal court.
The school board first was made aware of the alleged unpaid work in February, Hoffert said. He said WCS began to investigate the claims and the lawsuit was filed before WCS completed its review of the case.
“We told the drivers in question, we have no intention of avoiding any legal responsibility as to their fair compensation,” said Hoffert in a statement. “We also have an obligation to taxpayers to verify that claims are warranted, and that is precisely what we are (and have been) in the process of doing. Our efforts to ensure that the bus drivers are properly compensated will continue, despite this lawsuit.”
He continued, “Warsaw Community Schools appreciates the job our bus drivers do. It is always the intention and practice of Warsaw Community Schools to compensate all of its employees fairly and in accordance with all applicable laws,
Normally, bus drivers are paid a four-hour minimum for their routes taking the students to school. Also, there are minimum payments associated with drivers for trips as well.
Hoffert said the minimum time is supposed to cover pre- and post-trip inspections. He also said policy allows for drivers to fill out a form for any extra work they end up doing.
“We are always looking at past practices,” Hoffert said.
Loren Allison, attorney for the drivers, did not return a phone call seeking comment as of press time this morning.
David Williams filed the case in United States District Court Northern District of Indiana South Bend division, in April.
Williams filed the suit for himself and on behalf others “similarly situated.”
The court has not certified the case as a class action yet.
In addition to WCS, Dr. David Hoffert, superintendent; Jeanine Corson, director of human resources; Brandon Penrod, chief financial officer; and Cheryl Cook, former transportation director, are named as
Williams claims WCS violated federal labor laws by not paying bus drivers
Williams alleges WCS?owes him and other unnamed drivers three years of back wages for unpaid work, which is double the amount owed in accordance with state law.
The lawsuit alleges bus drivers are paid a set rate regardless of how many hours they work.
The lawsuit says Williams and the other drivers were not paid for time inspecting the bus before or after a trip, or time waiting during a school activity.
Williams’ case is currently scheduled for a three-day trial Aug. 20, 2018, in federal court.
The school board first was made aware of the alleged unpaid work in February, Hoffert said. He said WCS began to investigate the claims and the lawsuit was filed before WCS completed its review of the case.
“We told the drivers in question, we have no intention of avoiding any legal responsibility as to their fair compensation,” said Hoffert in a statement. “We also have an obligation to taxpayers to verify that claims are warranted, and that is precisely what we are (and have been) in the process of doing. Our efforts to ensure that the bus drivers are properly compensated will continue, despite this lawsuit.”
He continued, “Warsaw Community Schools appreciates the job our bus drivers do. It is always the intention and practice of Warsaw Community Schools to compensate all of its employees fairly and in accordance with all applicable laws,
Normally, bus drivers are paid a four-hour minimum for their routes taking the students to school. Also, there are minimum payments associated with drivers for trips as well.
Hoffert said the minimum time is supposed to cover pre- and post-trip inspections. He also said policy allows for drivers to fill out a form for any extra work they end up doing.
“We are always looking at past practices,” Hoffert said.
Loren Allison, attorney for the drivers, did not return a phone call seeking comment as of press time this morning.
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