Most bus drivers see a fluctuation in weekly pay, depending on the type of transportation service they provide and the time of year when business reaches its peak.
For example, a school bus driver can expect to generate more income during the school year, as opposed to the compensation he or she receives during summer vacation.
Commercial bus drivers typically make more money during the summer when tourists travel across the country.
This means paychecks for bus drivers change from week to week, which can make it difficult to detect errors or worse, fraudulently calculated paychecks that fall short of the time you put in on the job.
If you work as a bus driver, and your employer has not paid you the compensation you deserve, you might be able to file a wage theft claim.
Every claim that ends up in a favorable ruling starts with a concerned employee who wants to know why he or she received less compensation than the amount due for the hours worked during the previous pay period.
Under federal law, you have the right to receive full compensation for the hours spent on the job each week. Since most bus drivers receive hourly pay, they should make sure their compensation is greater than the federal minimum wage.
In addition, overtime work is compensated for 1.5 times your regular rate of pay.
Compensation Requirements for Bus Drivers
Although there is not a standard for paying bus drivers based on experience and job performance, some states have established guidelines that force employers to pay employees according to a certain pay schedule.
On August 6, 2019, New Jersey became the fourth state to enact a “wage theft” law to punish employers for wage and hour violations. The new law punishes employers with fines and in some cases, jail time for the member or members of management that were complicit in taking rightfully earned wages away from employees.
First time offenders face fines between $500 and $4,000, with incarceration lasting up to 90 days. The New Jersey law has set the standard for punitive action by also granting employees the right to collect damages by filing a civil lawsuit, as well as pursue criminal charges.
Many states have followed New Jersey’s lead for implementing wage theft statutes. However, because of the COVID-19 outbreak, the states that have wage theft legislation going through state legislatures have put a hold on wage theft bills.
Check with your state’s Department of Labor to determine whether there is a wage theft law on the books or whether a bill is currently making its way through the legislative process.
How to Handle Wage Theft
Having to deal with your employer stealing your hard earned wages can make the blood boil. However, you have to retain your composure to make the company pay for violating a state and/or a federal labor law.
The first step, and perhaps the most critical step, is to gather the evidence required to file a claim against your employer. You should keep meticulous records of the hours worked, as well as any raises over the past couple of years that have changed the amount of compensation you receive on a weekly or a bi-weekly basis.
You should also keep records of any incentive programs your company runs that you have benefited from financially. For instance, your company might have instituted a safe driving program that rewards drivers for achieving a perfect driving record.
The point here is to present physical evidence confirming the number of hours worked for a pay period, and the compensation you should have received during the same period.
Before you contact a state licensed employment attorney, you want to first bring up the wage theft matter with your employer. You certainly do not want to barge into a manager’s office and deliver a harangue that can get you fired.
Instead, present the evidence you have collected to deliver a measured, yet firm explanation for the legal reasons that validate your wage theft claim. A good idea is to avoid using the term “wage theft.” Simply say there must have been a mistake, and that you want the problem resolved in a timely manner.
Work with an Employment Attorney
Another reason for collecting persuasive evidence is your employment lawyer should spend time reviewing it to determine the best course of legal action.
Your attorney might decide to represent you at a meeting with one or more human resources managers. If your case takes a lawsuit turn, an experienced attorney represents your best interest in a civil courtroom.
Complete the free evaluation to understand the strength of your wage theft case.
