Migliaccio & Rathod LLP is investigating potential wage violations experienced by helpers and drivers in the sanitation industry who are paid by a “day rate” and not paid time-and-a-half overtime. Waste removal companies, like Penn Waste, Inc. or Waste Pro, may pay their workers by a day rate to avoid properly paying them time and-a-half overtime. There are very limited exceptions to the Fair Labor Standards Act’s requirement that all employees be paid time-and-a-half overtime. Indeed, Waste Pro of Florida recently lost a trial on this very issue in an individual Fair Labor Standards Act case in which the jury awarded $34,531.96 in damages to a driver/helper plaintiff, and the judge doubled the damages after finding that the defendants did not act in good faith.
Our firm along with co-counsel currently represents a group of Waste Pro helpers who allege that they were paid a day and not properly paid time-and-a-half overtime. That case is pending in Florida and seeks collective action status.
Former Penn Waste, Inc. employees have also reported being paid a day rate and being denied proper overtime pay for all hours worked over 40.
Do You Work in The Sanitation Industry and Are Denied Overtime Pay?
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Attorneys Committed to Fighting Wage Theft
Our law firm has significant experience dealing with wage theft cases and have recovered millions for employees who believe they were misclassified or denied overtime pay. More information about our current cases and investigations is available on our blog.