A federal district judge in Florida has ruled that Waste Pro trash collection workers can proceed with overtime and joint employment claims.
The workers claim the company failed to pay them time-and-a-half for more than 40 hours worked in a week and that the company violated the Fair Labor Standards Act (FLSA).
HR Dive reports that the district court granted the company's motion for summary judgment on some claims, but declined to dismiss the workers' claim that a half-day rate involved in their pay calculation violated the FLSA. “It also allowed a joint employment claim to proceed, potentially leaving a jury to decide whether Waste Pro USA was a joint employer along with Waste Pro of Florida, Inc., and therefore liable for the alleged violations,” according to the report.
HR Dive has more:
A group of Florida Waste Pro trash collectors can continue with their overtime and joint employment claims, a federal district court judge has ruled (Thomas v. Waste Pro USA, Inc. and Waste Pro of Florida, Inc., No. 8:17-cv-2254-T-36CPT (M.D. Fla. Sept. 30, 2019)).
The workers — who were usually paid a day rate plus nondiscretionary bonuses — said the multi-state waste management company failed to pay them time-and-a-half for hours worked beyond 40 in a workweek, in violation of the Fair Labor Standards Act (FLSA).