WM driver says he, others weren't paid overtime

By Kelly Holleran | Jan 28, 2010

CHARLESTON – A Waste Management driver claims the company refused to pay him and his co-workers overtime wages.

Richard Williams filed a putative class action complaint Dec. 1 in U.S. District Court for the Southern District of West Virginia against Waste Management of West Virginia.

Williams claims Waste Management automatically deducted one half-hour from his and his co-workers' time sheets to account for meal breaks.

"During the statutory period, Plaintiff and the Collective Class regularly worked without taking full half-hour uninterrupted meal and/or break periods," the suit states. "During the statutory period, Plaintiffs and the Collective Class routinely worked in excess of forty hours per week without receiving overtime compensation for all overtime hours worked."

Waste Management's practices violated the Fair Labor Standards Act, Williams claims.

Williams and the putative class seek a judgment for an amount equal to their unpaid back wages, a ruling that Waste Management's violations were willful, liquidated damages equal to overtime damages, costs, attorneys' fees, pre-judgment interest and other relief the court deems just. Williams also wants the court to certify the case as a class action and to determine the rights of the parties to account for all hours worked and wages paid to plaintiffs.

J. Michael Ranson, Cynthia M. Ranson and George B. Morrone of Ranson Law Offices in Charleston and G. Patrick Jacobs of Charleston will be representing Williams and the putative class.

U.S. District Court case number: 2:09-cv-1291

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