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 * Federal court orders shuttle service to pay $742K in wages, damages to 368
   employees after US Department of Labor investigation, litigation




News Release


FEDERAL COURT ORDERS SHUTTLE SERVICE TO PAY $742K IN WAGES, DAMAGES TO 368
EMPLOYEES AFTER US DEPARTMENT OF LABOR INVESTIGATION, LITIGATION

Trans Express Inc. did not pay employees legally required overtime

NEW YORK – The U.S. District Court for the Eastern District of New York has
entered a consent judgment  ordering a Brooklyn bus and shuttle service to pay
$742,500 in back wages and liquidated damages for overtime wages denied to 368
shuttle drivers, following an investigation and litigation by the U.S.
Department of Labor.

The department’s Wage and Hour Division investigation determined that
Brooklyn-based Trans Express Inc., a subsidiary of National Express Transit
Corp. failed to pay overtime wages to employees who picked up and dropped off
passengers for Trans Express Inc.’s clients.

The division found Trans Express paid the drivers flat rates ranging from
approximately $100 to $190 per day without regard to the number of hours they
worked in a day or in a workweek. Employees typically worked 45 to 60 hours per
workweek. The Fair Labor Standards Act requires employers to pay overtime when
employees work more than 40 hours in a workweek. The division found Trans
Express improperly assumed its employees were not entitled to overtime under
FLSA. Investigators also found Trans Express failed to keep adequate and
accurate records as the law requires.

“Trans Express failed to pay hundreds of workers all of their hard-earned
wages,” said Wage and Hour Division District Director Jorge Alvarez in New York.
“The company shortchanged these employees and their families, and gained an
unfair advantage over their law-abiding competitors. Now, Trans Express is being
held accountable.”

In addition to payment of the back wages and liquidated damages, the court
ordered Trans Express to comply with the FLSA’s overtime and recordkeeping
requirements.

“The U.S. Department of Labor vigorously pursued legal action to ensure Trans
Express’s employees were properly compensated as required by the law. The
department will continue to pursue litigation where employers fail to comply
with the FLSA’s minimum wage and overtime requirements,” said Regional Solicitor
of Labor Jeffrey Rogoff in New York.

The division’s New York City District Office conducted the investigation. Senior
Trial Attorney David Rutenberg of the department’s regional Office of the
Solicitor in New York litigated the case for the department.

Based in Brooklyn, New York, Trans Express Inc. is a regional transportation
firm, specializing in point to point shuttle services.

Workers can call the Wage and Hour Division confidentially with questions –
regardless of their immigration status – and the department can speak with
callers in more than 200 languages.

For more information about the FLSA and other laws enforced by the division,
contact the agency’s toll-free helpline at 866-4US-WAGE (487-9243). Learn more
about the Wage and Hour Division, including a search tool to use if you think
you may be owed back wages collected by the division.

Walsh v. Trans Express Inc.

Civil Action No. 19-1423-SJ-RER

Agency
Wage and Hour Division
Date
January 25, 2022
Release Number
21-1838-NEW
Contact: Ted Fitzgerald
Phone Number
617-565-2075
Email
fitzgerald.edmund@dol.gov
Contact: James C. Lally
Phone Number
617-565-2074
Email
lally.james.c@dol.gov
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