Carlson Representing AAFES Truck Drivers Against Feds

The Carlson Law Firm, along with Kern Law Firm and Scanes & Routh LLP, is currently representing over 140 similarly situated Army & Air Force Exchange Services (AAFES) truck drivers in a collective action for pay violations under the Fair Labor Standards Act (FLSA) of 1938. The FLSA is the federal law that introduced some now well accepted employment standards, such as the minimum wage, time-and-a-half pay for work after 40 hours in a single week, and child labor protections.

Because the drivers are federal employees within the Department of Defense, the lawsuit has been filed in the United States Court of Federal Claims in Washington, D.C. According to the complaint, AAFES did not properly pay their employees. Specifically, among other claims, the complaint alleges the drivers have not been properly compensated for the time worked in excess of their forty hour work week.

The scheduled routes of AAFES drivers are generally referred to as “runs.” While “on a run,” AAFES drivers are not relieved from duty until they return from the run and drop off their truck at the AAFES yard and leave the yard. The entire time drivers are on a run they are responsible for the truck, trailer and load, and are required to stay with the truck at all times, routinely working more than 40 hours per week. The complaint alleges that under the FLSA drivers should be properly compensated for that overtime.

“Unfortunately, based on our research and investigation, it seems that this particular branch of the federal government is not following federal law,” said John Fabry, Of Counsel with The Carlson Law Firm. “We refer to compensation violations of the FLSA as “wage theft.”

The drivers seek to recover back-pay from AAFES for all time worked that was either underpaid or not paid at all.

“We are proud of our role as part of the legal team helping hardworking AAFES drivers, and hope through the lawsuit to hold the government accountable for properly paying them for all of their time worked,” Fabry added.

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