Train Driver Overtime Pay Wage & Hour Laws
Train Driver Overtime Lawsuits: Wage & Hour Laws

Train Driver Overtime Lawsuits: Wage & Hour Laws

Commonly asked overtime pay law questions about train drivers:

Do Train Drivers Receive Overtime Pay?

Transit drivers, also called locomotive engineers, often work far more than 40 hours in a workweek.  Many train drivers work extra time each shift transporting passengers, meeting with supervisors, and performing other required tasks. They are also often required to fill out and complete vehicle inspection forms and worker later because of delays in their routes.

Under the Fair Labor Standards Act (FLSA), train drivers and other transit drivers are almost always considered non-exempt and therefore entitled to overtime pay, but many are not their due overtime wages. If you believe you have been denied overtime pay, your best option is to contact an experienced attorney who can advise you of your rights under the FLSA and state laws.

What is the Salary Range for a Train Driver?

Depending on the work setting and state where train drivers are employed, the U.S. Bureau of Labor Statistics (BLS) noted that in 2016, CRNAs made between $41,720 to $85,290, with the average annual salary being approximately $61,020.

How Many Train Drivers Are Nationally Employed?

According to the United States Department of Labor, employment estimate and mean wage estimates for this occupation is as follows:

Employment Employment RSE* Mean Hourly Wage Mean Annual Wage Wage RSE
39,900 7.9% $29.34 $61,020 1.8%

*RSE: The relative standard error (RSE) is a measure of the reliability of a survey statistic. The smaller the relative standard error, the more precise the estimate.

According to the United States Department of Labor, the percentile wage estimates for a CRNA is as follows:

Percentile 10% 25% 50% (Median) 75% 90%
Hourly Wage $20.06 $23.38 $27.73 $32.79 $41.01

Where Are Most Train Drivers Employed?

According to the United States Department of Labor, states with the highest employment level in this occupation are as follows:

State Employment Employment Per Thousand Jobs Location Quotient Hourly Mean Wage Annual Mean Wage
Texas 5,350 0.46 1.60 $27.87 $57,960
Illinois 2,870 0.49 1.71 $31.96 $66,490
Indiana 2,070 0.69 2.43 $26.99 $56,140
Pennsylvania 1,930 0.34 1.18 $28.66 $59,620
New York 1,650 0.18 0.64 $30.91 $64,280

Train Driver Overtime Pay Lawsuit News

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What are the Laws for Train Driver Overtime Pay?

The FLSA requires employers to pay all non-exempt employees overtime for all hours worked over 40 in the workweek.  Some states have also enacted overtime laws that regulate the number of hours an employee can work within 24 hours before receiving overtime.  Train drivers and locomotive engineers are almost always considered non-exempt and therefore entitled to overtime pay.

In calculating the number of hours worked, the employer must consider all required work performed in all facilities and departments, both before and after a shift, including staff meetings and required paid training.  If an employer does not include all of this time in the calculation of hours worked, it can result in the transit worker not receiving all of the required overtime.  The employer’s failure to pay required overtime to transit worker can result in a lawsuit for overtime pay.

Is a Train Driver Entitled to Overtime Pay?

Under the FLSA, train drivers and locomotive engineers are almost always considered non-exempt and therefore entitled to overtime pay. Some states have also enacted overtime laws that regulate the number of hours an employee can work within 24 hours before receiving overtime.

Train drivers often work before and after their scheduled shifts, due to delays in their routes or mandatory vehicle inspections, among other tasks. The employer must take all hours worked outside of scheduled shifts under consideration. Oftentimes, train drivers are entitled to overtime wages but the employer fails to pay.

If you believe you are entitled to and have been denied overtime pay, your best option is to contact an experienced attorney who can advise you of your rights under the FLSA and state laws.  There are strict time deadlines for filing lawsuits, so it is essential that you contact an attorney immediately.

Does a Company Have to Pay Overtime Wages to a Train Driver?

Yes. According to the Fair Labor Standards Act (FLSA), train drivers and locomotive engineers are almost always considered non-exempt and therefore entitled to overtime pay.

The FLSA requires employers to pay all non-exempt employees overtime for all hours worked over 40 in the workweek.  Some states have also enacted overtime laws that regulate the number of hours an employee can work within 24 hours before receiving overtime.

Employers often violate the FLSA by failing to pay transit workers the required overtime pay.  If you are a transit worker who worked more than 40 hours a week but did not receive overtime pay, you may be entitled to file a transit worker overtime pay lawsuit.  These lawsuits are often filed by an entire group of transit workers against an employer who violates the FLSA.

What Companies are the Biggest Employers of Train Drivers?

In the United States, some of the largest railroad companies include the following:

  • Union Pacific Railroad Co.
  • Norfolk Southern
  • CSX Transportation
  • BNSF Railway Co.
  • Grand Trunk Corporation
  • Kansas City Southern Railway Co.
  • Soo Line Railroad Co.

To determine whether you are eligible for filing a wage claim, contact our experienced Train Driver Overtime Pay Lawyers at (855) 754-2795 for a Free Consultation to discuss your case or complete the Free Unpaid Overtime Case Review Form on this page.  We will discuss your situation and determine if you have a claim. If you are owed unpaid wages, we will represent you under our No Fee Promise, which means there are never any legal fees or costs unless you receive a settlement.

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