A Dorchester man has filed a class action lawsuit against Republic Waste Management and a staffing agency, claiming that hundreds of temporary trash collectors were illegally denied pay for part of their workdays.
The complaint, filed in Suffolk Superior Court on Monday, accuses Allied Waste Services of Massachusetts, also known as Republic Services, and Complete Labor & Staffing, LLC (CLS) of failing to pay workers for up to 90 minutes each morning that they were required to be on the job.
Plaintiff Omar Washington Jr. says in the suit that he and at least 300 other workers were brought in over the summer to replace union employees who went on strike.
According to the lawsuit, the workers were told to report before dawn to various hotels across the state, where they waited for assignments before being bused to trash collection routes.
At first, Washington says in the suit, the companies paid workers for that waiting time. But starting in July, the lawsuit claims, the pay stopped — even though reporting to the hotels was mandatory and essential to the day’s work.
“They made us show up, wait around, and then sent us to our routes — but for that first hour and a half, we got nothing,” Washington alleges in the complaint.
The dispute stems from a Teamsters strike in early July, when approximately 450 unionized Allied workers walked off the job. To keep trash collection going in cities and towns across Massachusetts, Allied allegedly turned to CLS to recruit a replacement workforce.
Washington, who worked from late June through Aug. 21, says the arrangement left temporary employees at the mercy of both companies. Allied managers directed their routes, signed their time cards, and decided when and where they would work, the lawsuit says.
The lawsuit argues that the unpaid waiting periods violate several Massachusetts labor laws, including: The Wage Act, which requires employers to pay workers for all hours on duty; The Minimum Wage Law, since pay for the waiting time effectively dropped to zero; and The Overtime Law, because workers often logged more than 40 hours a week once the unpaid time is counted.
Washington is asking the court to certify the case as a class action, which could cover hundreds of other temporary workers. He is also seeking back pay, triple damages, attorney’s fees, and a jury trial.
The case, Washington v. Allied Waste Services of Massachusetts & Complete Labor & Staffing, LLC (Civil Action No. 25-2388-B), is now pending in Suffolk Superior Court.
Republic Services’ media team wrote that the company does “not have a comment on the complaint at this time.”
Amid the suit, the strike continues between the Teamsters and Republic.
Both parties returned to the bargaining table on Aug. 28.
Tom Mari, president of Teamsters Local 25, said, “After 10 hours of not getting anywhere we decided to test Republic to determine if they really wanted a deal. So, the negotiating committee decided to make significant moves in an effort to break the logjam.
“But even after we made an offer that the mediator described as ‘significant,’ the response we got from Republic was disappointing but not surprising. They considered our offer for a few minutes then came back into the room, with no notes or even a pen and paper, and announced that they were rejecting our offer and never made a counteroffer. Needless to say, the meeting ended and we didn’t set another date.”
Republic Services’ media team wrote that the company “put another strong offer on the table, which they rejected.
“Although we continued to creatively enhance our proposals throughout the day, the Teamsters approach to the negotiations led to no substantive progress.”
Republic’s statement continued, “Local 25 continues to make it clear they are not interested in reaching a deal. We remain ready.”
Mari said the Teamsters are “fully prepared for a drawn-out battle with Republic to make certain their employees get the same wages and benefits as the employees at Star and Capitol now enjoy.
“We are in this fight for as long as it takes to see our members at Republic treated with the dignity and respect they deserve. Whether it takes two more weeks or two more months, we’re not going away. Eventually, Republic will come to their senses and stop losing money and settle this contract,” Mari emphasized.
