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StumbleLimo drivers’ suit over wages gets class action status
Thursday, Dec. 3, 2009 | 10:18 a.m.
Bell Transportation limousines are shown at McCarran International Airport Thursday, Dec. 3, 2009.
A Bell Transportation limousine driver talks to passengers after picking them up at McCarran International Airport Thursday, Dec. 3, 2009.
Sun Archives
- Judge detours cabbies’ drive for minimum wage (7-6-2009)
- In Vegas, there's no free market for taxis (2-16-2009)
- Limo drivers' suit seeks safety net: Minimum wage pay (2-13-2009)
- Fewer visitors mean fewer fares to go around (2-8-2009)
A federal judge has granted class certification status to a group of Nevada limousine drivers suing the state's largest limo company, claiming Bell Trans failed to pay drivers for time spent on the job while they were not transporting passengers.
The landmark case marks a test of Nevada's complex wage and hour laws by drivers, who have historically been paid according to how productive they are in obtaining fares rather than for hours worked.
Since the recession, drivers of taxis and limos in Las Vegas have taken home slimmer paychecks that in some cases fall below minimum wage, triggering a rash of complaints with the Nevada Labor Commissioner, as well as the Bell Trans suit, filed last year.
While limo drivers aren't entitled to minimum wage under state law, the drivers may pursue a claim that their employer violated the law by not paying drivers at all for time worked, U.S. District Judge Robert C. Jones said in his order Tuesday.
Drivers say this includes time spent washing and maintaining their vehicles, retrieving their limos at the beginning of their shifts, driving to the airport and waiting for fares.
They say some transportation companies, seeking to avoid minimum wage disputes amid the recession, are firing drivers who can't find enough rides to bolster fares that are split with employers.
Judge Jones said a class action encompassing more than 1,000 Bell Trans drivers would be the most efficient way to dispose of the case.
"A class action is far superior to individual litigation in a case such as this one, where all of the putative class members’ claims involve facts that are virtually identical in substance, and no putative class member will recover enough to justify bringing his own case," he wrote.
Jones dismissed some of the drivers' claims in June, siding with Bell Trans' argument that limo drivers don't have a right to sue for minimum wages, as they are exempt under state law.
Even after Nevada voters in 2006 approved a constitutional amendment to raise the state's minimum wage, drivers couldn't sue for minimum wage because the amendment wasn't intended to remove pre-existing minimum wage exemptions built into state law for limo and taxi drivers.
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A ruling for the drivers may be the "right" thing to do, but both the drivers and the companies run on thin margins. It could easily blow a lot of these companies out of the water and end up putting a lot of drivers out of work. For the ones that remain after these very hard times, things would improve. For the ones out of work, who knows. If there is only so much money to go around, making employing these people more expensive will certainly result in lost jobs.
I must say that's one busy looking staging area there at the airport! We really are crawling with tourists!!
The downward spiral. Visitors paying 20 to 40 dollars a night for a room aren't as likely to spend 60 - 80 dollars on a limo ride to get there. Even some of the visitors staying at premium resorts are watching how they spend their money now. I wonder if shuttles and public transport from the airport are reporting increased ridership?
if all these transport companies would get together and reduce the number of cabs and limos and shuttle busses on the road the drivers would make a decent living. yes, it would mean layoffs. but if you are not earning more than 20 bucks a day guess what....you may as well be laid off.
ruralhipser....bus ridership is up because doorman are diverting airport customers to shuttle busses and getting a kickback.
what im concerned about is why there is no class action for cabbies and shuttle bus drivers since they fall under the same statute?
eviron....thats early morning that picture was most likley taken. sad thing is latley at 3pm it can look almost as dead too.
i got one word...
CORRUPTION
it runs the transportation industry in this town/state.
the nevada transportation authority (NTA) is a joke. they are supposed to regulate limos instead they are the biggest pimps and violators of the law on the strip. i personally have seen them pick up flags on the strip that wanted a cab and were offered 30 dollar fee to take them from in front of mirage to the flamingo hotel when the cab ride, even if long hauled around a bit wouldnt be half of that amount. prearrainged means just that. its sad. the taxicab authority has their hands so far up drivers asses to make sure they dont do the wrong thing also helps but is not the end all. they let a lot of things go.
one thing i can say also that makes no sense is this. long hauling became a major issue recently. instead of ending it totally (well, at least airport rides which is the most common form of it) is by setting flat rates from and to the airport to certain zones. instead, they choose to slap 640 dollar tickets on a sub min wage employee that is long hauling to simply KEEP their job.
the NTA oversees it all, and does NOTHING. 5000 people chasing nickles. limos are just as bad unless you got a deal with the devil...i mean doorman for rides.
I paid $8.00 from the airport to the Plaza with Bell Trans and it was nice ride.
I paid $42.00 and no tip to a taxi driver from Plaza to the airport.That taxi driver got on the expressway an off and back on the expressway.
I did not like this at all,trying to rip me off.
I will never take any taxi in Vegas again.
It is just criminal and neglect that our government has not gotten the light rail from the airport, down the strip (connected with the overhead tram) to downtown project going . Too many Gin and Tonics I guess..
wolf, the fact that you actually paid 42 dollars and you know you got jacked is your own stupidity for actually paying it instead of calling the driver out on it. but, in reality if you want to understand why they do it here is a reason.
1. every driver at every cab company is held to some sort of standard like most jobs...its called accountability to prove you are actually out there working. cabbies are held to 2 basic standards. amount of trips made, and total meter revenue. now, one driver can get lucky and do 14 trips for 400 bucks meter revenue on a 12 hour shift. another driver can be unlucky and get 23 rides for 250. sad, that the other drivers are doing 320 as an average on 17 trips. so that driver making 250 is considered low book for the day, and subject to termination. by taking the longer way like you got, he got more meter revenue to assure he can keep his lousy job. it sucks but that shows the corruption. the TA decides to not allow flat rates but allows drivers to long haul if they "sell their ride". 42 dollars to down town was not a long haul, that was a sheer rip off. a typical long haul from port to downtown is about 28 bucks instead of about 22-24 by taking streets and sitting at traffic lights. by the way, bell trans owns cabs too, so either way you are giving your money to the devil
i just noticed liz wrote this article. biased reporter against vegas transportation. shameful reporting on her previous cabbie reports.
sigtwenty
Thanks for the insight on Bell.
I feel they are on fair so I will go to another
shuttle. As they say there are more fish in the sea.
I go to Las Vegas to have fun not to get riped off.
They should have a flat rate.
I pay the 2.50 to ride the local bus system. It's a small adventure to rub elbows with the locals.
I agree with many of the comments listed above. I do agree that doormen are the pirates of Las Vegas. They make thousands of dollars for only putting someone in a vehicle. Besides they threaten the drivers if they don't give half of the money back to them for taking clients to a gentlemen's club even though they have said that their respective hotels have told them it is against their policy. The hotels in turn look the other way if a driver complains, and the driver is then threatened to be kicked off the property if they don't comply. This in itself is wrong and should be dealt with.
It is also true that those who travel to Las Vegas are given many choices of travel from the airport and around town. Taxis and limousines are like apples and oranges. Taxis for the most part are lined up in staging areas already waiting for their next ride, limousines are not. Limousines are at the mercy of their dispatcher, doormen and blind luck. Limo drivers even though they have sometimes scheduled runs are constantly cleaning their vehicles and trying to drum up business for their respective companies. And all the time fighting against the powers that favor the taxis. While there may be a huge line of people waiting for taxis, limos are told that they have to stand 50 feet away from a taxi line. Taxis can and do pick up people on the strip right at the curb. While limos are fined if they attempt to seek out the business that a taxi line can create. There are practically no similarities between the two. But each year limos are being discouraged by the powers that be.
As far as the limo companies are concerned, they should be somewhat ashamed of themselves. They ask the driver to be there an hour early to prepare their vehicle, and some companies won't pay them for their effort and time. They ask the drivers to wear suits and ties to look their best. They ask their drivers to come to work sometimes with basically no schedule at a moments notice. They ask their drivers to sit for hours before maybe getting another run with no concern if they are making a living or supporting a family. to them for the most part don't care.
I have seen many good men and women lose their houses, cars and families to this industry that basically says, "Chauffers are a dime a dozen". And it is about time that laws are changed, attitudes are changed. And if it takes going to court so that these companies are finally liable for their transgressions, so be it.
One final thing. Don't think that the limo companies like Bell Transportation or AWG (Alan Waxler Group) don't know what they have been doing. They do, otherwise they would not be fighting this in court. If they truly appreciated the men and women who work so hard to keep their companies running, this discussion would not be taking place.
To GOINGBUST: You are a clown. Working for less than minimum wage or at times for ZERO is not really a job. Bell's margin is not so very thin. As an employer it is your burden to pay your employees for all hours worked.
Imagine if you are a checker working at the supermarket, the manager asks you to sit in the back and only starts paying you IF a customer comes in and IF they need you to open another checkstand, arguably you could sit the whole day and not get paid. That is not the way the law works, if you make an employee show up for work you have to pay them. Bell knows this and they will have gotten away with it for all but the last 3 years covered in the lawsuit. That is more than they deserve.
Redneck your comments that the shuttle bus drivers are making a killing are a little out there. The shuttle drivers get a percentage of the total book of the bus but, like the limo drivers they have to come in 1/2 hour before and up to 1 hour after their shift to get the bus clean and ready. they are made to go all the way downtown for 1 passenger, Only to find they took another bus or cab, they get payed nothing for this.
And yes some doormen (The Devil) are pushing passengers to the buses for a fee, the bus drivers who do not pay them get screwed.
And unlike limos or cabs buses require a Cdl. The driver has to get and maintain a Cdl.
When are people going to understand that Cabs are A RIP OFF ? The Hotels should provide free transportation to and from the airport for their guests, who must present some type of proof they are booked at a given hotel before allowed entry on the mininvan or bus whatever.. The hotel/Casinos better wise up that people don't like getting fleeced before they even get a chance to be fleeced by today's greedy corporate hotel hucksters..
I was just thinking,most hotels provide complimentary shuttles (granted,in a van-not a stretch) to the hotel from the Airport,and most hotels nowadays provide free internet access . Funny how Vegas does neither......why is that?