Solid Waste Services Hit with Wage and Hour Complaint in Pennsylvania

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A proposed collective and class action has been filed in Pennsylvania against Solid Waste Services, Inc. (doing business as J.P. Mascaro and Sons) through which the plaintiff hopes to recover allegedly unpaid wages. According to the case, the defendant paid the plaintiff and similarly situated drivers at a flat daily rate as base pay plus a unit rate for each waste bin collected. The problem, the lawsuit claims, is that drivers regularly worked more than 40 hours per week without being paid time-and-a-half overtime.

The plaintiff claims he worked five to six days per week for a daily base-pay rate of $100 to $140. In addition to his daily rate, the plaintiff reportedly received a unit rate of roughly $1.10 for each waste bin collected, as well as $16 in hourly pay for “extra work performed” on some occasions. Detailing a supposedly typical pay period, the lawsuit says the plaintiff’s paystub indicated he worked 57.07 “daily hours” plus four “extra work” hours, yet the man was allegedly not paid time-and-a-half wages for any hours worked past 40.