Denied Overtime as a Paratransit Driver?

Current and former paratransit drivers who were not paid overtime wages may have legal recourse to collect the compensation rightfully owed to them. It has been alleged that certain transportation companies are purposefully misclassifying their paratransit drivers as independent contractors to avoid paying overtime to these employees.

Were you denied overtime as a paratransit driver? If so, you may be able to join other drivers in seeking compensation for up to twice the amount of overtime wages originally owed to you. 

Misclassification as Independent Contractors

The misclassification of workers as independent contractors can deny these employees certain benefits, including overtime and minimum wages, workers’ compensation, unemployment, and retirement and/or health benefits. In general, an individual is a true independent contractor if the company for which he works has the right to control or direct only the result of the work, rather than what will be done and how it will be done. An individual cannot be classified as an independent contractor if their employer controls the details of how the services will be carried out. When an individual is part of an employer-employee relationship – regardless of the name the employer gives to the relationship – he or she is an employee, rather than an independent contractor, and may be entitled to overtime wages.

What Can I Do If I’ve Been Misclassified?

If you’ve been misclassified as an independent contractor, you may be able to participate in a class action lawsuit seeking the recovery of your unpaid wages, an equal amount in liquidated damages and attorneys’ fees. There is a time limit for the filing of unpaid overtime claims, and as an employee, you are protected against retaliation under federal labor law.

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