Amalgamated Transit Union Local 1555

FLSA Lawsuit

The law firm, Mastagni Holstedt, APC, has initiated a lawsuit over an FLSA issue that affects all members who sell back their medical benefits.  Recently the Ninth Circuit Court of Appeals issued a ruling requiring an employer to include the value of cash received in lieu of medical benefits in employees’ overtime rates and in some circumstances all contributions towards health benefits. We believe the District failed to include such cash in the overtime rates for employees receiving such payments. As a result, you may be entitled to recover back pay for overtime compensation the District failed to provide.

Brunker v. BART District, Case No. 3:16-cv-03399-EDLwas filed as a collective action asserting these overtime claims on behalf of all District employees.  The lawsuit seeks 3 years back pay for failing to pay overtime at the regular rate of pay, i.e. the District ‘s failure to include payments in lieu of and/or towards health care benefits in your overtime rate.  The action also seeks liquidated damages, which are double damages.  Under the FLSA, if the suit is successful, theDistrict must pay the attorney’s fees and costs of suit. For your reference a copy of the lawsuit is attached.  It does not cost anything to participate in the lawsuit; Mastagni’s office will advance all costs and only receives fees if they prevail.

Any member who received these payments and worked overtime in the last three years (including retirees who worked overtime in the last three years) is eligible to participate in the action.  In fact, any District employee who receives these payments and works overtime may join the lawsuit if they desire.

Because this is an overtime lawsuit under the Fair Labor Standards Act, each affected member must join the lawsuit to participate in any judgment or settlement reached in it. That means you cannot recover any back pay or liquidated damages unless you affirmatively opt into the lawsuit.  Your potential claim commences once a Consent Form is filed with the court.  So any delay in signing up and filing a Consent Form will result in a reduction in the value of your claims.

To participate, you need to fill out and submit the attached documents to David E. Mastagni.  These documents are: 1) A signed retainer authorizing the firm to represent you (the firm will advance all cost and you will owe the firm nothing unless a recovery is obtained); 2) A Consent to Be Included in the Action (which MUST be filed with the federal court); 3) A one page Client Contact Information Sheet.  A copy of the complaint is also attached for you to review.  The forms can be returned to Mastagni’s office or emailed to them at

After you submit these documents to our attorneys, they will send an email to the personal email address you provided on your Client Contact Information Sheet when we receive the documents listed above from you.  If you do not receive an email confirming receipt of these documents, it is your responsibility to contact Mastagni’s office and ensure they were received.

If you have any questions regarding this litigation, please contact Mastagni’s office and ask to speak with David E. Mastagni or Patrick Barbieri, the paralegal handling the consent forms.  Patrick’s direct number is (916) 491-4250.