Waste Pro employees have filed a proposed class action lawsuit alleging the waste management company failed to provide them proper overtime pay.

Plaintiffs Alfred T., Edward A. and Dodd B. have filed the complaint under the Fair Labor Standards Act of 1938 (FLSA). They allege Waste Pro USA, Inc., Waste Pro of Florida, Inc. and Delta Sanitation of Mississippi failed to pay them and all hourly waste management workers, including “helpers” and “drivers” fair compensation for hours worked over 40 in a work week beginning Sept. 25, 2014.

Both Alfred and Edward say they have been employed by Waste Pro as helpers in Mississippi and Florida from January 2016 to the present time. Dodd says he has been employed by Delta Sanitation of Mississippi as a helper in Mississippi from January 2014 to the present.

According to the waste management complaint, the plaintiffs worked more than 40 per hours per week on a regular basis and were paid bi-weekly. They were paid a flat rate for a single day’s work, “but that rate is cut in half or converted to an hourly rate if they work less than four hours in a day,” alleges the overtime pay lawsuit.

Alfred provides an example of the math purportedly used to calculate the sum of his pay:

Allegedly during the two-week pay period of January 31, 2016 to February 13, 2016, Alfred worked 10 days for a total of 97.42 hours. Waste Pro allegedly divided his regular pay of $1,000 (10 days at $100 per day) by 97.42 and determined an hourly regular rate of $10.26. The company then paid half that hourly rate ($5.13) for the 17.42 hours of overtime ($89.41).

Using the above math, Alfred argues the waste management employees were not paid overtime wages at time and a half for all overtime hours worked. Instead of $5.13 per hour for overtime worked, the waste management lawsuit contends Alfred should have received $18.75 per hour for those overtime hours. Alfred alleges he was underpaid by $237.21 that week because of the improper calculation of overtime pay.

Waste Pro allegedly failed to divide the employees’ total pay by 40 hours to determine the true regular rate of pay, which should have been used to determine their overtime pay at time and a half.

Waste Management Overtime Pay Lawsuit Addresses Bonuses

Waste Pro purportedly paid safety bonuses of $50 or $100 per week if workers performed their jobs without any safety violations and if they worked complete workweeks without missing a day.

According to the waste management lawsuit, “These safety bonuses are ‘additional compensation’ that violate the FLSA’s day rate regulation.”

During the week of March 4, 2016, Waste Pro allegedly paid a safety bonus to Edward but failed to pay him time and a half overtime pay.

The plaintiffs are seeking unpaid overtime wages for hours worked above 40 in a workweek and liquidated damages pursuant to FLSA regulations.

The Waste Management Overtime Pay Lawsuit is Case No. 8:17-cv-02254-CEH-TBM in the U.S. District Court for the Middle District of Florida.