Lawsuit: MBA Waste Services Owes Unpaid OT After Refusing to Pay Per 2015 DOL Sanction

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From Georgia comes a proposed collective action that alleges MBA Waste Services, LLC, which does business as Big Johns Portable, and its owner owe unpaid time-and-a-half hourly overtime wages. According to the lawsuit, the waste disposal company pays employees who drive its trucks at a day rate, plus, the suit says, “additional compensation for boxes/dumpsters hauled after regular working hours.” Despite this, the plaintiff, a former employee, claims he and other drivers were not properly paid for all hours worked. 

The lawsuit says that sometime around August 2015, the U.S. Department of Labor’s Wage and Hour Division (USDOL) began looking into the defendants’ pay practices, concluding that the parties, between August 10, 2013 and August 1, 2015, failed to pay more than $125,000 in time-and-a-half overtime to 22 of MBA Waste Services’ commercial drivers. 

“Although [the defendants] initially agreed to comply with UUSDOL’s investigation, and pay [its commercial drivers] the back wages to which they were entitled, [the defendants] later refused to do so,” the lawsuit alleges. “Accordingly, [the plaintiff], and others similarly situated who may join this action, are forced to file this lawsuit to obtain the unpaid overtime wages to which they are lawfully entitled.”