550 North Brand Blvd., Suite 1500
Glendale, California 91203
(818-547-5200) | (626-795-0205)

Delores Humes and Diane Abella v. First student, inc. (Fresno)

Update - October, 2018 - Oral Argument forr the Appeal in this case is Scheduled for December 21st

At long last, our appeal in regard to this case will be argued in San Francisco just before Christmas.

We’re certainly hopeful that the court of appeals will uphold our position, and we’ll continue to keep you posted of events in that case.

In the meantime, if you have any questions or comments about that case, reach out to us.  Do that especially if you’re a potential class member, or you have any questions about your employment, whether you work for First Student now or in the past, please contact us.

And of course if you are now working for another employer, and have questions about your boss or the company you work for or have worked for in the past, get hold of us for that reason as well.

Please email us at tom@falveylaw.com or call us at 626-795-0205 or 818-547-5200.

Thanks very much.

We hope to hear from you soon.

Tom Falvey

Update December 10, 2017 - Notice of Appeal Filed re: Denial of Motion for Class Certification

Unfortunately, the court denied our Motion for Class Certification, so we are now proceeding with an appeal to seek a reversal of that decision.  It takes a while to get an appeal going.  We have to get a complete copy of all the documents filed with the court of appeal, along with any transcripts which we want the court to be able to review.  

While there is no guarantee that we will be successful, we would not be taking this action if we didn’t believe in the validity of our case.  We expect to file our opening brief sometime early next year.

If you have any questions or comments about your employment, either with First Student or any other employer, please feel free to call us.

Thanks very much for your patience.

Plaintiff’s Allegations:

On October 28, 2015 we filed a proposed class-action lawsuit for employees Delores Humes and Diane Abella ("Plaintiffs") against First Student, Inc. on behalf of non-exempt employees who worked as non-exempt (hourly) drivers for First Student at its Fresno location any time since November 19, 2007. The case is filed in Fresno County Superior Court as  Case No. 15 CE CG 03352.

In their lawsuit, filed on behalf of themselves and all others similarly situated, Plaintiffs contend that First Student did not comply with the requirements under California law for payment of wages. If successful, a class action allows former and current employees to receive back wages that are owed to them.

First Student denies the claims in their entirety and believes that it has followed California law with respect to the payment of wages to its employees. The court has not yet ruled on any of Plaintiff's allegations or determined whether the case is appropriate for class action status.

Employees often don’t know about time for which they should be paid.  The way we prove the fact of the unpaid wages is both through both drivers’ recollection and statements, and their records.  

You can help.  For example, you may have documents relating to your job there, such as copies of checks, schedules, pictures of buses or yards or of your training requirements or materials, forms you had to sign, manuals, emails, letters, time-sheets, or instructions about training, etc.  If you could provide those to us, it might help us and others to see them.

So if you are or were a First Student employee working in California since at any Fresno location since September 17, 2007, we would like to speak with you.  Please call us at 818-547-5200.  You may also mail us at 550 North Brand Blvd., Suite 1500, Glendale, California 91203.

Similarly, we’ll be glad to receive any email with any of your questions, comments or suggestions.  You can email us at tom@falveylaw.com.

Your call or email might go a long way toward helping these pharmacists, and thus the public at large.  

Thanks for all the help you can send us.

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ADDRESS: 550 North Brand Blvd., Suite 1500, Glendale, California 91203 | P: 818-547-5200 or 626-795-0205