Case Title: Bruce v. Waste Industries, LLC
Case No. 3:2018-cv-00688
On July 25, 2018, we filed this collective action on behalf of all Waste Disposal Driver employees of Waste Industries.
What is the Case about?
We filed this collective action against Waste Industries, LLC in the U.S. District Court for the Middle District of Tennessee for a class of Waste Disposal Drivers who were not paid for all hours worked.
The Case alleges that Waste Industries violated the Fair Labor Standards Act by failing to pay employees for all hours worked. Specifically, Waste Industries automatically deducts 30 minutes of pay from its drivers for their lunches, even though the Drivers regularly work through their lunch period.
Plaintiff believes that he and other employees are entitled to recover unpaid wages, unpaid overtime, interest on the unpaid wages, liquidated damages, attorney’s fees, and costs.
Who is Eligible for this Case?
Anyone who worked for Waste Industries as a Waste Disposal Driver and worked through their lunch period within the past three years is potentially eligible for the Case.
The Opt-in period for this case is still open, but will close soon.
The close of the opt-in period does not bar your claim, only the statute of limitations (generally three years) can bar your claim. If the opt-in period has closed we will still try to enroll you in the current claim, if you sign a consent form, but we may have to bring your claim separately.
How do I Join the Case?
You may join the Case by e-signing the Consent Form. You may also print out the form, sign it, and mail it to our office at, 819 North Upper Broadway, Corpus Christi, TX 78401. It is important to sign and return this form as quickly as possible because the time period for your recoverable wages will depend on when this form is filed with the Court.
Can I be fired for joining?
The law prohibits Employers, or their agents, from firing, harassing, discriminating, or retaliating against an employee for taking part in a case for back wages.
Will this cost me anything?
You will not pay anything to join this case. This case is being handled on a contingency fee basis. Our firm will only be paid if we win the case and recover your back wages. Our payment will come out of the recovery amount.
July Update: We filed this Case on July 25, 2018.
September Update: Defendant filed their Answer on September 7, 2018.
October Update: On October 29, 2018 Plaintiff and the Defendant submitted a Joint Stipulation for the Conditional Certification of the Class.
November Update: On November 14, 2018 The Court granted Nationwide Certification for the following class of people — “all Waste Disposal Drivers who were employed by Defendant at any time from October 25, 2015, to the present and who worked more than forty (40) hours in one or more weeks and allege they were not paid the proper overtime compensation.” Notice forms will be sent to all current and former Waste Disposal Drivers employees who worked for Waste Industries, anywhere in the United States, at any time in the last 3 years. If you have already signed up for this case you may receive another notice and consent form from the third party administrator. You do not need to fill out the new form. Please remember if your phone number, email address, or physical mailing address has changed since you last spoke with us, you need to contact our office and let us know your new contact information.
December Update: Notice forms have been mailed out.
January Update: We are still in the Notice Period. The Deadline to join this Case is February 11, 2019.
February Update: The Notice period for this case has closed. We are still adding people who sign up for this case. We will try to enroll those who sent in their signed consent forms after the notice period in this current case, but we may have to file them in a new case.
March Update: A scheduling order has been issued. Jury Trial is set for October 13, 2020.