Employees for Call-A-Head Corp., a portable sanitation company, which set up port-a-pottys in New York will be receiving more than $7 million to settle claims that they were owed wages. The toilet technicians alleged they were not paid all of their overtime hours worked in accordance with the Fair Labor Standards Act and the New York Labor Law in a lawsuit filed back in 2015. Affected employees include but are not limited to pump truck, flatbed truck and water truck drivers that worked for Call-A-Head Corp delivering, cleaning, and picking up portable toilets.
The case alleged that Call-A-Head had implemented several policies and practices that denied them the appropriate overtime pay. Specifically, it claimed that technicians were only paid for their first 10 hours of work each day. Technicians would often work over 10 hours per day without compensation at the correct overtime rate. Any hour worked over 40 hours per work week should have been paid at time and a half their regular hourly rate which the company failed to do. If a technician worked an extra day that was not on their schedule, they were not allowed to clock in for it. Technicians also claimed that if Call-A-Head did pay them for this extra day of work it was only partial pay for all of their hours worked for that day. Almost 1,300 toilet technicians will benefit from the $7.1 million settlement once approved.
This is an exceptional result for these hard-working technicians who averaged 50-75 hours per week and were consistently missing more than 20 hours of overtime pay each paycheck. Call-A-Head, which commands 70% of New York’s portable toilet market, created its empire at the expense of its employees, so this victory is well deserved win. Fitapelli & Schaffer, LLP always stand behand the exploited, overworked and underpaid employees of this country. To find out if you may have a claim for owed wages you can call us now for a free phone consultation at (212) 300-0375. We will be able to confidentially discuss your situation and potential rights. You can also view additional information on our website.