School Bus Drivers Denied Class Cert. In OT Suit

Law360, New York (August 24, 2012, 2:42 PM EDT) -- An Arkansas federal judge on Thursday decertified a class of school bus drivers who claim they were not paid overtime wages, finding that the drivers failed to show they all worked more than 40 hours each week.

U.S. District Judge Brian S. Miller granted bus company First Student Inc.’s move to decertify the conditionally certified Fair Labor Standards Act class and dismissed the claims of all opt-in plaintiffs in the suit without prejudice.

“[The drivers] cannot demonstrate that First Student is liable under the FLSA to...
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