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Overtime Pay Award for Union Drivers

ACCESS is a federally funded program which provides transportation services through private carriers to elderly and disabled persons for a small fee. These drivers were previously considered exempt from overtime compensation under the Motor Carriers Act exemption.

Case Details

Case at a Glance

Practice Area Labor Law
Date September 16, 2026
Attorney(s) Involved

Ernest Orsatti

01
The Challenge

The Legal Challenge

A lawsuit was filed by the drivers against Pittsburgh Transportation Company over its refusal to pay overtime wages but the case was dismissed.

02
Our Approach

How We Helped

After reading that decision, Ernie Orsatti decided that the lawyer representing the plaintiffs made the wrong arguments. As the lawyer for the union representing ACCESS drivers, he suggested that the drivers file another lawsuit. Ernie argued that the drivers did not cross state lines and therefore were not engaged in interstate commerce. For that reason, the US Department of Transportation regulations and the Motor Carriers Act exemption did not apply.

Case Result

The Result

Ernie won the case and the ACCESS drivers were awarded their unpaid overtime compensation plus 100% liquidated damages and counsel fees.

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