Daniels Sanitation Facing Unpaid Overtime Lawsuit

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Two plaintiffs have filed a proposed collective action in New York against D. Daniels Contracting Ltd., which does business as Daniels Sanitation, and its owner in which they allege the company’s truck helpers are owed unpaid overtime wages. The plaintiffs—both former truck helpers who worked for the defendants as recently as October 2017—both claim they regularly worked more than 40 hours per week without being paid time-and-a-half overtime premiums as required under the Fair Labor Standards Act (FLSA).

One plaintiff claims that no matter how many hours he worked per week, the defendants only paid him for up to 45 hours of work without mandatory time-and-a-half overtime pay. The man says the individual defendant, in winter 2015, forced all employees to sign a form stating they would be paid for a maximum number of hours worked per week or face termination.

The second plaintiff, on top of his unpaid wage allegations, claims he was once accused by the individual defendant of breaking a window on a work truck, and had nearly $300 deducted from his pay as a result.