Bus drivers often work in varied conditions. They may be asked to cover an absent colleague or their usual period behind the wheel is extended because of traffic or weather.
Long distance bus drivers may find they are working for longer than normal from time to time. Most bus drivers are paid an hourly rate and should be paid at the overtime rate if the number of hours they work is more than 40 hours a week.
If you have found that you don’t seem to be getting paid the correct amount of money after working overtime, you may be a victim of wage theft.
It is an unfortunate fact that many employers try and get away with paying their employees with less than a legal minimum. There are steps you can take to ensure you get the correct amount of pay, even if it means taking legal action against your employer.
Eligibility for Overtime
There are both state and federal laws that determine eligibility for overtime. The federal legislation is the Fair Labor Standards Act (FLSA).
This stipulates that anyone who works more than 40 hours in any period of 7 full days should be paid at the overtime rate which is 150% (time and a half) of the normal hourly wage).
The federal law is complemented by relevant state law. This depends on the state in which you work as a bus driver.
Whatever the state labor law says about overtime, the minimum that must be paid is time and a half over 40 hours. State legislation may mandate higher minimum hourly rates which could affect what you should be paid in total.
Gathering Evidence of Eligibility
If you are sure you haven’t been paid enough in your latest pay check or any previous pay check, you should check the state law on minimum and overtime rates of pay.
Check to see what was written into your employment contract. While most bus drivers are paid in wages determined by the number of hours they work, there is a small number of bus drivers who are paid an annual salary.
Generally, there are no rules about overtime for salaried employees, only for those who are paid by the hour.
It is a sensible idea to make a record of all hours you work as a bus driver and keep a check on your pay check when you receive it.
If you know that you have worked for more than 40 hours, this should be recorded on the pay check and paid at time and a half. In some states there are also laws about working for more than 8 hours a day, so overtime may be paid in these states if you work for more than 8 hours in any one day.
If you think that you have been underpaid systematically, especially not paid at overtime rates for any hours over 40 a week, then it may be advisable to discuss the matter with an employment lawyer before taking the next step
What to Do Next
If you have evidence that you have worked more than 40 hours in any one week, but haven’t been paid for those hours or the rate of pay is less than the time and a half rate you should get, then the first step should be to talk with the HR department.
Take your pay check(s) with you and any other evidence of the number of hours you have worked. There may have been a simple administrative error which is responsible for the shortfall.
Make a note of what the outcome is and if you do not get a satisfactory response be prepared to take your case to the nearest Department of Labor Wages and Hours Division to file a complaint.
An official at the DOL should investigate your complaint. If there has been a clear violation of state or federal laws on overtime, they may be able to have the balance of wages paid in full.
You will need as much evidence that you haven’t been paid correctly, such as pay stubs, copies of your driver’s time sheet, etc.
If your employer has violated wage or overtime laws it may be required to pay a penalty of $1,000 for each violation.
Get an Expert on Your Side
If you have no success with the DOL, you should take your case to an employment lawyer who can help you take legal action against your employer for unpaid or incorrectly paid overtime.
