Lawsuit Claims Waste Services Misclassified Lead Drivers

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Waste Services of Alabama, LLC and its parent company are the defendants in a proposed class action lawsuit that claims they exempted their “lead driver” employees from receiving paid overtime, but neglected to provide them with the compensation and benefits they would be entitled to under a managerial exemption. The plaintiffs argue that they were not responsible for overseeing the work of other individuals and had no authority to hire, fire, or promote employees. Despite this, they were required to work between 20 and 50 hours a week above the required 40 hours and were exempted from receiving time-and-a-half overtime compensation, the suit says. The plaintiffs allege that “the Defendants have intentionally and repeatedly misrepresented the true status of managerial compensation.” They argue that they are entitled to sales incentives, commission, bonuses, vacation, and sick time, in addition to overtime compensation, under the Fair Labor Standards Act.