Case Title: Rios v. WCA Waste Corporation
Case No. 4:2018-cv-01503
On May 9, 2018, we filed this collective action on behalf of all Waste Disposal Driver employees of WCA Waste Corporation.
What is the Case about?
We filed this collective and class action against WCA in the U.S. District Court for the Southern District of Texas for a class of Waste Disposal Drivers who were not paid for all hours worked.
The Case alleges that WCA Waste Corporation violated the Fair Labor Standards Act by failing to pay employees for all hours worked. Specifically, WCA automatically deducts 30 minutes of pay from its drivers for their lunches, even though the Drivers regularly work through their lunch period. WCA also does not pay for pre-route or post-route inspections.
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 WCA 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.
May Update: We filed this Case on May 9, 2018.
June Update: Defendant filed their Answer on June 4, 2018.
August Update: On August 28, 2018 the Case Managment Plan was filed.
October Update: The Deadline to file the Motion to Conditionally Certify the Class has been extended and is now due by January 14, 2019.
December Update: We will be mediating the case soon.
January Update: We attended mediation with WCA on December 18, 2018.
February Update: WCA has agreed to Notice and Class Certification to all those individuals who can join this case. Over the next two months, we will send notice to all those who may join this case.
March Update: We are in the notice period. The deadline to join this case is April 3, 2019.
April 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.