SOURCE: Nichols Kaster, PLLP

Nichols Kaster, PLLP

June 12, 2009 18:02 ET

Coach America Rail Crew Drivers Represented by Nichols Kaster, PLLP Win Conditional Certification Under the Fair Labor Standards Act

ST. PAUL, MN--(Marketwire - June 12, 2009) - On June 11, 2009 the District Court of Minnesota conditionally certified a class of drivers who allege that CUSA ES, LLC and CUSA, LLC ("Coach America") failed to pay them overtime as required by the Fair Labor Standards Act. CUSA, LLC does business as Coach America, and CUSA ES, LLC does business as Coach America Crew Transport and as Express Shuttle. Plaintiffs worked as "over-the-road" drivers for Coach America, providing transportation services to the railroad industry.

In its decision, the Court rejected Coach America's attempt to limit the number of employees who should receive notice of the lawsuit. Coach America argued that any drivers who might be subject to the FLSA's motor carrier exemption, based on the type of vehicle they drove, should be excluded. District Judge Richard H. Kyle explained that "limiting the proposed class on this basis is premature," and consequently, "the Court here will not consider CUSA's merits-based arguments and will conditionally certify the class." Accordingly, the Court authorized notice to all drivers who may not be subject to the motor carrier exemption. The Court also dismissed Coach America's efforts to restrict Plaintiffs' counsel from communicating with potential class members.

Plaintiffs' counsel Charles Frohman commented, "Coach America previewed its summary judgment and decertification arguments for the Court, and the Court correctly disregarded them as premature. We look forward to arguing the merits at the proper stage of the case."

Plaintiffs are represented by Paul Lukas and Charles Frohman from Nichols Kaster, PLLP, which has offices in Minneapolis, Minnesota and San Francisco, California. The case is entitled Barbara Loomis, et al., v. CUSA, LLC, et al,. Civ. No. 09-cv-00026-RHK-AJB (D. Minn.).

Additional information about the cases is located at or may be obtained by calling Nichols Kaster, PLLP toll free at 1-877-448-0492.

Contact Information

  • Contact:
    Charles G. Frohman
    Nichols Kaster, PLLP
    (612) 256-3231