Collective Action Claims Waste Pro, Delta Sanitation Violate FLSA’s Day-Rate Pay Rules

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Three plaintiffs are behind a proposed collective action against Waste Pro USA, Inc., Waste Pro of Florida, Inc. and Delta Sanitation of Mississippi that alleges the companies failed to pay waste collection workers—drivers and helpers—proper overtime wages. Noting potential Fair Labor Standards Act (FLSA) abuses, the plaintiffs—who, as of the suit’s filing on September 28, still work for the defendants—claim they and similarly situated employees are paid a flat rate for each day’s work that, the suit says, “is cut in half or converted to an hourly rate if they work less than four hours in a day.” Moreover, the lawsuit says that when the plaintiffs worked overtime, the defendant calculated their regular rate by dividing their total pay for the two-week pay period by the total number of hours worked, thereby paying overtime wages at a half-time hourly rate.