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Employment

Metropolitan Transportation Network, Inc.

Warsame et al. v. Metropolitan Transportation Network, Inc.
Case No. 0:20-cv-01318 (District of Minnesota)

On June 5, 2020, a school bus driver employed by Metropolitan Transportation Network, Inc. (“MTN”) initiated a lawsuit alleging that the school bus company engaged in a pattern and practice of editing drivers’ time records to reflect and pay for less time than was actually worked. The Complaint alleges that MTN unlawfully shaved time for pre-shift inspections and modified drivers’ recorded start and end times, which resulted in drivers being paid less than they were owed.

The lawsuit is filed as a putative collective action under the federal Fair Labor Standards Act and class action under Minnesota state laws. The action seeks to recover for Minnesota drivers their unpaid regular and overtime compensation for the past three years and an award of liquidated (double) damages.

Type of Case

Unpaid Overtime Wages

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Am I eligible?

You are eligible to make a claim in this case if you worked for Metropolitan Transportation Network, Inc. as a driver at any time within the past three years and were not paid for all the hours you worked. 

Additional Information

Is This a Class Action? What Does that Mean?

This case is both a potential collective action under federal law and a potential class action under Minnesota state law. This means that, depending on the type of claim you have, there may be a slightly different process for joining and participating in this suit. See below for more details on this process.

Though the process and terminology may differ slightly, the idea behind both a class and collective action is the same: it allows one or more people to sue on behalf of themselves and other people who have similar claims. In order to proceed as a group, though, the Court must certify the class and collective. Because we are in the early stages of the case, this has not happened yet, but we intend to seek the company’s agreement or file the motions at the appropriate times asking the Court to grant these certifications.

Which Locations Are Included?

This case seeks to include all drivers who work or have worked for Metropolitan Transportation Network, Inc. within the past three years. 

How Do I Join This Case?

Federal law under the FLSA requires employers to pay overtime after 40 hours in a workweek. In order make a claim in this case for your unpaid overtime under the federal FLSA, you must complete a consent form and return it to our office. You can complete the form and join this case online by clicking here.

Minnesota state law requires employers to pay overtime after 48 hours in a workweek. If the Court certifies this case as a class action under state law, all drivers who worked over 48 hours per week within the past three years will be automatically included, unless they choose to opt-out.

If you did not work overtime, you may still have a claim for straight time wages under Minnesota law. If the Court certifies this case as a class action to include drivers that did not work overtime, all drivers who worked for MTN within the past three years will likely be automatically included, unless they choose to opt-out.

What Time Frame Does This Case Cover?

There is a federal time limit, called a statute of limitations, that allows workers to recover unpaid wages within two years of the worker signing up to join the lawsuit by completing and returning the consent form referenced above. If we can prove that the company willfully violated the law, the statute of limitations may be extended to three years.  Minnesota state law is similar.

Do I Have To Pay Anything?

You do not have to pay anything if you make a claim in this case. We are handling the case on a contingency basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement, award, or a final judgment, and that payment will only come out of that settlement, award, or final judgment.

How Do I Prove the Hours I Worked?

If you have records of the hours you worked, please preserve and keep them until we ask you for them. However, you do not need to have records of your work hours to make a claim for your pay. If a company did not keep accurate time records, most courts will permit you to estimate your work hours. Through this lawsuit, we will seek any records the company may have of your hours worked as well.

What About Retaliation?

It is against the law for an employer to retaliate against a person for joining a lawsuit to reclaim unpaid wages. If you believe you may be the victim of retaliation for joining or participating in this lawsuit, contact the case clerk, Katy Brooks, at kbrooks@nka.com or (612) 256-3297.

How Long Will This Case Take?

The length of this kind of lawsuit varies from case to case, but they typically last one to three years.

Is There Money Available Now?

No. This is a pending lawsuit. There is no money currently available and there is no guarantee that you will receive money for joining the lawsuit.

How Can I Help?

If you know any drivers interested in making a claim for unpaid hours (straight time or overtime), they should contact the case clerk, Katy Brooks, at kbrooks@nka.com or (612) 256-3297. You can also direct them here to sign up electronically. There is strength in numbers. 

How Do I Learn More?

To learn more about this case, feel free to contact the case clerk, Katy Brooks, at kbrooks@nka.com or (612) 256-3297.

Case Updates

  • June 9, 2020

    School Bus Driver Files Proposed Class Action For Wage Theft Against Metropolitan Transportation Network, Inc.

    On June 5, 2020, a school bus driver employed by Metropolitan Transportation Network, Inc. (“MTN”) initiated a lawsuit alleging that the school bus company engaged in a pattern and practice of editing drivers’ time records to reflect and pay for less time than was actually worked. The Complaint alleges that MTN unlawfully shaved time for pre-shift inspections and modified drivers’ recorded start and end times, which resulted in drivers being paid less than they were owed.

    The lawsuit is filed as a putative collective action under the federal Fair Labor Standards Act and class action under Minnesota state laws. The action seeks to recover for Minnesota drivers their unpaid regular and overtime compensation for the past three years and an award of liquidated (double) damages. 

    The driver’s attorney, Michele Fisher of Nichols Kaster, PLLP, explained, “These school bus drivers worked hard to ensure our community’s children were transported to and from school safely.  MTN must be held accountable for paying them for all of their time worked.”

    MTN partners with the Minneapolis Public School District, along with other districts and charter schools in Minnesota, to provide daily student transportation. According to its website, it also provides services for field trips, extracurricular activities, and charters.

    The drivers are represented by Michele R. Fisher from Nichols Kaster, PLLP, which has offices in Minneapolis, Minnesota and San Francisco, California. The case is entitled, Warsame v. Metropolitan Transportation Network, Inc., Case No.: 0:20-cv-01318 (District of Minnesota).

    Additional information about how to make a claim in the case may be found at www.nka.com or by calling Nichols Kaster, PLLP at (612) 256-3200.

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