Pennsylvania Transport workers' FLSA case moves forward
After several bus and trolley workers sued the Southeastern Pennsylvania Transportation Authority for overtime wages, the Third Circuit Court of Appeals overturned an initial ruling by the lower court, thereby allowing the case to move forward.
In the initial suit, filed in October 2012, plaintiffs claimed that before beginning scheduled routes every day, they were required to fulfill a number of tasks including reporting to the dispatcher, filling out forms and checking route and weather conditions. While collective bargaining agreements allowed for up to 15 minutes of pay for pre-shift work, the workers claimed this pay was insufficient, since they were compensated for only 12 to 15 minutes, when the tasks often took 25 minutes to complete. In addition, the transport employees were denied overtime for these pre-shift activities, according to Business and Legal Resources.
The district court judge threw out the case, stating that the conductors' claims were subject to arbitration under collective bargaining agreements, as reported by Law360.
The Third Circuit Court of Appeals overturned the earlier ruling, stating that since the operators' Fair Labor Standards Act claim existed independently of the rights agreed under their CBAs, the case could go forward.
Even in cases in which certain agreements have been made via collective bargaining, they will not necessarily hold up in court if they fundamentally violate the terms of the FLSA. To maintain proper records of employee time, managers should make use of time and attendance software.
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