Limo driversÕ suit remains alive

<div id="subtitle">Dispute with Bell Trans given class action status in U.S. District Court</div><div><p> Bell Trans limousine drivers have received class action status in their federal lawsuit complaining that they are not paid for the hours on the job when they are not ferrying passengers around town.</p><p>The lawsuit, which is expected to test the boundaries of the stateÕs complex wage and hour laws, springs from complaints by drivers last year that Bell Trans failed to pay them minimum wage and overtime.</p><p>U.S. District Judge Robert Jones ruled in June that limo drivers arenÕt entitled to minimum wage under state law. Although Nevada voters in 2006 approved a constitutional amendment to raise the stateÕs minimum wage, limo and taxi drivers were excluded from the amendment, Jones said at the time.</p><p>The drivers countered that the issue transcends minimum wage laws. Rather, they said, they werenÕt paid for time on the clock when they werenÕt chauffeuring customers, but were working nonetheless — washing and maintaining limos, retrieving vehicles at the beginning of shifts, driving to the airport and waiting for fares. Each of those tasks are required elements of the job, they say.</p><p>In his order Tuesday, Jones said a class action would be the most efficient way to dispose of the case because the allegations in the case are virtually identical among the drivers.</p><p>For some limo and taxi drivers, the recession has yielded paychecks that fall below minimum wage — resulting in a rash of complaints to Nevada Labor Commissioner Michael Tanchek. Some transportation companies, citing the stateÕs long-standing minimum wage exemption for drivers, have beaten back workersÕ efforts to be paid minimum wage and have laid off drivers who were unable to get enough fares — money thatÕs split with employers.</p><p>Those who sued Bell Trans, which employs more than 1,000 drivers, chose not to pursue their complaint with the commissioner. Tanchek typically handles disputes on a case-by-case basis and is backlogged with claims.</p><p>Liz Benston can be reached at 259-4077 or at benston@lasvegassun.com.</p><img src="http://admatch-syndication.mochila.com/images/ad.gif?aid=64810214&bid=informcom" /></div><div id="copyright"><div>


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