WARSAW — David Williams, a former Warsaw Community Schools bus driver, has filed a class action lawsuit against Warsaw Community Schools in regard to overtime pay. The complaint was filed on April 25 in the Court United States District Court, Northern District of Indiana South Bend division.

According to the complaint, bus drivers are required by the school corporation to work more hours than they are paid for. Some of the overtime work mentioned includes pre and post-trip inspections and waiting for school activities to begin and end. The drivers are paid pre-set amounts of money based on their routes regardless of the amount of time they actually work.

The complaint was filed by Williams and includes all route drivers currently and previously employed by the defendant. Defendants named in the case include Warsaw Community School Corporation, Superintendent David Hoffert, Director of Human Resources Jeanine Corson, Chief Financial Officer Brandon Penrod and former Transportation Director Cheryl Cook.

Documents filed argue that Williams and the other Warsaw bus drivers are owed unpaid wages, compensatory damages, punitive damages, costs of attorney fees for the action and double damages for failure to pay overtime under the FLSA and Indiana Wage Payment Statute.

The details of these claims were first brought to the attention of the administration and the Board of School Trustees in mid-February.  Since that time, representatives of Warsaw Community Schools have been in the process of investigating those claims.

“Warsaw Community Schools appreciates the job our bus drivers do. It is always the intention and practice of Warsaw Community Schools to compensate all of its employees fairly and in accordance with all applicable laws, procedures, and agreements. As we told the drivers in question, we have no intention of avoiding any legal responsibility as to their fair compensation,” said Dr. David Hoffert, Superintendent. He added, “We also have an obligation to taxpayers to verify that claims are warranted, and that is precisely what we are (and have been) in the process of doing. This lawsuit was filed prior to completion of record reviews. Our efforts to ensure that the bus drivers are properly compensated will continue, despite this lawsuit.”

Heather Reichenbach, president of Warsaw Community Schools Board of Trustees also commented on the pending case. “As always, the Warsaw Community Schools Board of Trustees is committed to paying all employees for wages earned. We are thankful for our employees and the work they do and wish to ensure both fair compensation and process. As has been shared numerous times with the drivers who have concerns, if discrepancies arise our corporation fully intends to compensate any outstanding unpaid wages. Board has deep appreciation for administrators who continue to assess claims in conjunction with signed time sheets. It remains important to practice due diligence in tracking claims with specific checks and balances to protect both our corporation and our community. Due diligence takes time but is what our community expects when dealing with taxpayer dollars.”

The case is currently scheduled for a trial in federal court on Aug. 20, 2018.