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Hoyt Livery, Inc. “Limousine Driver” Overtime Lawsuit

Limousine Drivers at Hoyt Livery, Inc. are suing for unpaid overtime wages. You might be able to join if you were a Limousine Driver at Hoyt Livery during the last three years. Continue reading for details.

The Court has certified both a class action and a collective action in this case. All limo drivers eligible to join this lawsuit should have received notice of this lawsuit and a form inviting them to join the suit for unpaid overtime. If you have questions about whether you are eligible to join, please call the Hayber Law Firm immediately as you have a limited amount of time to opt into this case.

PLEASE BE AWARE THAT RETALIATION FOR JOINING A LAWSUIT TO ENFORCE YOUR OVERTIME RIGHTS IS ILLEGAL! Employers may not attempt to convince you not to join this type of lawsuit. If you believe you have been subjected to unlawful retaliation or coercion, please contact us immediately.

 

Number of people who have joined this lawsuit as of December 21, 2016: 45

 

I. Who is the defendant?

Hoyt Livery, Inc., Santo Silvestro and Lynda Silvestro Hoyt Livery, Inc., according to their website, is Fairfields County's premier limousine and car service. They are available 24 hours a day 7 days a week. 


II. What is this case about? 

Unpaid overtime wages. Limousine Drivers at Hoyt Livery, Inc. are paid a salary but not paid any overtime wages when they work beyond 40 hours in a week. We claim in this lawsuit that this is wrong and that Limousine Drivers are entitled to be paid on an hourly basis, including time and a half when they work more than 40 hours in a week.


III. But I get paid “by the run?”  I thought that mean that I don’t get overtime?

Not true.  Whether or not you get overtime is a question of law, and the fact that an employer pays you a flat amount per trip and no overtime premiums does not mean that you aren’t entitled to overtime.


IV. What does the law require? 

State and federal overtime laws require employers to pay time and a half when employees work more than 40 hours in a week. There are exceptions to this rule. Including, exemptions for executives, professionals, and administrators, there are also exemptions for outside sales and inside sales (but only when commissions are more than half of the employee’s total pay). Employees are allowed to join collective actions simply by signing and returning a consent form.


V. What court is the case filed in? Does it matter?

Connecticut. This case is filed in Federal Court in Connecticut.


VI. Can I join? If so, how?

Maybe. If you were a Limousine Driver for Hoyt Livery, Inc. between October, 2011 and October, 2014, you should have received a notice of the lawsuit and a Consent Form to join the lawsuit. Although the time to join the suit has passed, if you were employed as a Limousine Driver during this time period and did not receive the notice and Consent Form, you may still be able to join. Click the “Consent Form” button below to view and print a Consent Form.

Sign it, send it to us at the Hayber Law Firm and we’ll file it with the court. You can e-mail, fax or send the consent form to us via regular mail.

Our fax number is (860) 218-9555.

Call us to discuss this issue.


VII. Should I fear Retaliation?

No. It is illegal to retaliate against an employee who joins a lawsuit like this. If you experience retaliation, we will help you.


VIII. What if I don’t have records of my hours?

Don’t worry. Employees who are misclassified as “exempt” and not paid overtime can still sue even if they didn’t keep time records. The hours that you worked can usually be determined by other methods, including when you logged in and off a computer system when you sent emails or made phone calls and other ways.


IX. Where can I go to get answers to my questions?

Call us. You are always welcome to call us at Hayber Law Firm who will do their best to answer your questions. Our number is 860-522-8888.


X. Who are the lawyers representing Limousine Drivers?

Hayber Law Firm, LLC. The Limousine Drivers who brought this lawsuit are being represented by the Hayber Law Firm. We are experienced overtime class action lawyers and have successfully handled cases like this in the past.


XI. How much can I expect to get?

It depends. We claim that Limousine Drivers should be paid for the hours they worked beyond forty in a week.  The actual amount you get (if any) will depend on how many hours you worked, your pay, and other factors.


XII. Will I have to pay any legal fees or costs?

No. We have agreed to work on this case on a “contingency” basis which means that our fee, and reimbursement for our costs, will come, if at all, out of any settlement. The court will closely supervise our fee petition and ensure that it is fair to the class.


XIII. What is the status of the case?

The following represents the status of the case as of the date indicated:

DATE

  COURT FILING 

DESCRIPTION

October 18, 2013

Complaint

This is the lawsuit itself which includes the detailed allegations of wrongdoing.

January 9, 2014

Answer to the Complaint

 

September 17, 2014

Ruling: Granting Plaintiff’s Motions for Conditional Certification

 

August 5, 2015

Ruling: Granting Plaintiff’s Motion for Summary Judgment as to Liability

 

August 6, 2016

Amended Complaint

 

August 25,2015

Answer to Amended Complaint

 

December 8, 2016

Ruling: Denying Defendants’ Motion to Decertify the class

 

January 13, 2017

Settlement Conference scheduled before Magistrate Judge Holly B. Fitzsimmons

 

February 28, 2017

Jury Selection scheduled

 

March 13-2017 – March 24, 2017

Trial Scheduled

 


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Client Testimonials

"I worked for a retailer and was a Plaintiff in a class action for unpaid overtime wages. Hayber Law Firm did an amazing job of getting our unpaid overtime back to us. Every one at the firm that I dealt with through that process was wonderful to work with. I appreciate all they did for us more than you will ever know."

- L. LeHeup, Georgia