A former employee has filed a lawsuit in federal court against Tamaqua Transfer and Recycling, alleging the local waste disposal company “systematically failed to pay overtime wages” as required by law.

In the complaint, filed June 10 in U.S. Middle District Court, Arthur Youmans alleges violations of the Fair Labor Standards Act and the Pennsylvania Minimum Wage Act.

Claims of Unpaid Overtime

Youmans, who worked as a driver for the company from July 2023 until March 2024, alleges that he and other employees were routinely denied overtime pay despite working more than 40 hours a week.

According to the complaint, Youmans and other drivers frequently worked up to sixty hours per week but were only compensated for about 40-45 hours.

“Youmans typically worked approximately 11-12 or more hours per day, five days per week, for a total of approximately 55-60 hours per week,” the complaint states. “He was generally paid for approximately 10-15 fewer hours than he actually worked, resulting in the non-payment of overtime compensation.”

The lawsuit further claims that the company did not use any standardized method to track hours worked, such as time clocks or timesheets. Instead, the complaint states, the payroll manager reportedly kept an informal track of hours, a system that Youmans contends was inconsistent and inaccurate.

Inconsistent Pay Practices

Youmans, who is represented by the Murphy Law Group, recounts multiple attempts to clarify the company’s pay practices with management, including conversations with company president Larry Wittig. Wittig allegedly provided conflicting explanations, at times asserting that drivers were paid “by the route” and other times stating they were paid “per hour.”

“Defendant simply chooses to pay plaintiff and, upon information and belief, class plaintiffs, what it wants to pay them irrespective of their actual hours worked,” the complaint states.

It also alleges that Youmans’ pay varied significantly from day to day, even when he worked the same route.

Class Action Allegations

Youmans argues that the company’s failure to pay overtime wages was a common issue affecting many workers.

The proposed class would include all current and former drivers employed by the company in Pennsylvania who were allegedly denied overtime compensation due to the company’s alleged failure to accurately track their total hours worked.

“(Youmans’) claims are typical of the claims of the class members,” the complaint states. “He is a former employee of (Tamaqua Transfer) who was employed in the position of laborer who has suffered similar injuries as those suffered by the class members as a result of the defendant’s failure to properly pay overtime compensation.”

Legal Implications

The lawsuit calls for several forms of relief, including a court order permitting the litigation to proceed as a collective action under the FLSA and requiring the company to furnish a list of all affected employees. It also seeks back pay for unpaid overtime wages, liquidated damages, attorneys’ fees, and other costs.

Youmans has requested a jury trial.

Tamaqua Transfer had not officially responded to the lawsuit as of Thursday morning.