New York, NY — A class action lawsuit has been filed against (i) Suburban Paratransit Inc.; (ii) the Chief Executive Officer, Stephen Lennox; and (iii) the Principle Executive Officer, Terence Lennox, (collectively “Suburban”), in the United States District Court for the Southern District of New York, on behalf of hourly paid non-exempt Paratransit Drivers (“Drivers”). The Complaint alleges that Suburban’s policies violate the Fair Labor Standards Act and New York labor law by requiring Drivers to work before and after their scheduled shifts and denying them proper overtime wages for their return travel time spent in excess of 45 minutes, all which result in Drivers working without proper compensation.
As described in the Complaint, it is alleged that Suburban regularly requires their Drivers to work before and after scheduled shifts by requesting that they arrive early to receive their daily passenger manifest and stay late to perform necessary vehicle maintenance. However, Suburban does not properly compensate their Drivers for all hours worked or for overtime pay. Additionally, the Complaint alleges that Suburban discretionarily refuses to compensate Drivers for their return trip in excess of 45 minutes. For example, if a Driver drops off their last passenger for the day, they have a paid 45 minute window to return their vehicle to Suburban’s headquarters. However, this indiscriminate 45 minute policy does not adjust or take into account elongated trips due to inclement weather, traffic conditions and/or time spent refueling vehicles. Suburban routinely refuses to pay Drivers their straight and overtime wages for this excess time which they are owed under Federal and State law. By bringing this action, the attorneys listed below hope to end these practices and recover the wages and overtime pay that each Driver is due under the law.
If you work or have worked at Suburban as a Driver, you may request to be included in the proposed class. Please contact Brett Gallaway, Esq. at McLaughlin & Stern, LLP at 646-738-6353 or Matthew Cohen, Esq. at the Law Firm of Louis Ginsberg, PC at 877-4WAGESLAW (877-492-4375), for any questions you have about the action.