United States District Court, E.D. Pennsylvania
F. LEESON, JR. UNITED STATES DISTRICT JUDGE
Nicole Tucker, Brenda Vera, and Jessica Marinez (“Named
Plaintiffs”) and Defendants First Student Management
LLC, and First Student Inc. (“First Student” or
“Defendants”) (collectively “the
Parties”), submitted Amended Joint Proposed Findings of
Fact and Conclusions of Law, ECF No. 54-1, in support of
their motion for approval of the parties' settlement
pursuant to this Court's February 13, 2019 Order, ECF No.
50. The following findings of fact and conclusions of law in
further support of their Joint Motion to Approve Settlement
are taken substantially from the parties' Amended Joint
Proposed Findings of Fact and Conclusions of Law.
FINDINGS OF FACT
December 7, 2015, Plaintiffs filed a four-count Complaint in
the United States District Court for the Eastern District of
Pennsylvania alleging the following violations on behalf of
76 named plaintiffs: FLSA - Straight Time Claim (Count I);
FLSA - Overtime Claims (Count II); Wage Payment and
Collection Law (“WPCL”) - Straight Time Claim
(Count III); and WPCL - Overtime Claims (Count IV).
Plaintiffs are current and former bus drivers and
monitors/aides who worked at bus yards across Pennsylvania.
Plaintiffs filed their claims as a collective action pursuant
to Section 216(b) of the Fair Labor Standards Act
(“FLSA”) and as a class action pursuant to Rule
23 of the Federal Rules of Civil Procedure.
August 16, 2016, the Court dismissed Count I with prejudice
and Counts III and IV without prejudice.
October 7, 2016, Plaintiffs filed an Amended Complaint adding
additional factual allegations as to only three of the Named
Plaintiffs and re-alleging Counts II through IV.
March 23, 2017, the Court granted the majority of First
Student's Second Motion to Dismiss only leaving Count II
as to the three Named Plaintiffs (Nicole Tucker, Brenda Vera,
and Jessica Marinez) on behalf of whom the specific
allegations were made.
First Student filed an Answer shortly thereafter.
Currently, there are three Named and 195 Opt-In Plaintiffs
(the three Named Plaintiffs and 195 Opt-In Plaintiffs will be
referred to herein as “Plaintiffs”).
Plaintiffs allege that First Student failed to pay drivers
and aides for allegedly performing compensable activities in
between the time they arrived at their First Student location
and the time that they boarded their respective buses to
log-in to the Zonar system - a computerized system used to
conduct their pre-trip inspections and to track their
movements via a Global Positioning Satellite
Likewise, Plaintiffs allege that upon returning from their
routes, they were not properly compensated for time spent
performing their post-trip inspections and for alleged
activities performed from the time they logged off of the
Zonar system to the time that they left the facility.
First Student provides its drivers and monitors with a set
schedule and requires them to report any work performed
outside of the scheduled time.
First Student contends that the fixed schedule, along with
time reported on the exception forms/logs, accurately
reflects all time worked for drivers and aides.
First Student contends that its use of set schedules and
exception reporting is a lawful policy under the FLSA.
Before agreeing to mediation, the Parties engaged ...