Class Action Lawsuit Filed as Trash Workers Strike Against Republic

A class action lawsuit has been filed against Republic Waste Management and Complete Labor & Staffing, LLC (CLS) by a Dorchester man, alleging that temporary trash collectors were illegally denied pay for part of their workdays. The complaint, lodged in Suffolk Superior Court on August 28, 2023, claims that the workers were not compensated for up to 90 minutes each morning while waiting for assignments.

Plaintiff Omar Washington Jr. states that he and at least 300 other temporary workers were hired during the summer to replace union employees who were on strike. The lawsuit asserts that these workers were instructed to report to various hotels across Massachusetts before dawn, only to wait for their assignments before being transported to trash collection routes. Initially, they received pay for this waiting period, but according to Washington, that pay ceased in July.

“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 claims in the lawsuit. This dispute arises from a strike initiated by approximately 450 unionized workers from Allied Waste Services in early July 2023, which prompted the company to employ CLS to recruit a temporary workforce.

Washington, who worked from late June until August 21, emphasizes that the arrangement left temporary employees reliant on both Republic and CLS. The lawsuit contends that Allied managers directed their routes, signed their time cards, and determined their work schedules, effectively undermining the workers’ rights.

The lawsuit argues that the unpaid waiting times violate several Massachusetts labor laws, including the Wage Act, which mandates that employers pay workers for all hours on duty. It also cites the Minimum Wage Law, as the lack of pay for waiting time effectively brought their compensation to zero. Furthermore, the Overtime Law is implicated, given that workers often exceeded 40 hours a week when accounting for the unpaid time.

Washington is seeking a court certification for the case as a class action, potentially covering hundreds of other temporary workers. He is demanding back pay, triple damages, attorney’s fees, and a jury trial. The case, titled Washington v. Allied Waste Services of Massachusetts & Complete Labor & Staffing, LLC (Civil Action No. 25-2388-B), is currently pending in Suffolk Superior Court.

In response to the lawsuit, a spokesperson for Republic Services stated, “We do not have a comment on the complaint at this time.” The strike continues as negotiations between the Teamsters and Republic unfold. Both parties returned to the bargaining table on August 28, but discussions reportedly stalled after ten hours of talks.

Tom Mari, president of Teamsters Local 25, expressed frustration over the lack of progress. He described the negotiation attempts as significant but ultimately unfruitful, with Republic rejecting their offer without providing a counteroffer. “Needless to say, the meeting ended and we didn’t set another date,” Mari stated.

Republic Services countered by claiming they presented a strong offer, which the Teamsters rejected. They added, “Local 25 continues to make it clear they are not interested in reaching a deal. We remain ready.”

Mari emphasized the Teamsters’ determination to secure fair wages and benefits for their members, stating, “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.” He indicated that the ongoing negotiations could extend for weeks or months, but the union would persist until a resolution is achieved.

As the strike continues and the lawsuit unfolds, the situation is likely to have significant implications for labor relations and workers’ rights in Massachusetts.