Clean Harbors faces class-action lawsuit

Clean Harbors, an environmental and industrial services provider based in Norwell, Massachusetts, and its subsidiary Safety Kleen, Richardson, Texas, have been accused of violating the Federal Labor Standards Act (FLSA).  

A federal class-action lawsuit, filed by The Samuel Law Firm in New York in the United States District Court for the Southern District of New York, alleges that the national environmental services provider Safety-Kleen and Clean Harbors knowingly failed to pay nonexempt employees' overtime compensation.   

According to the allegations contained in the 36-page complaint, the eight named plaintiffs worked as Safety-Kleen sales and service representatives in New York, Pennsylvania and New Jersey during various periods from 2010 to the present. The employees staffed household hazardous waste collection events for Clean Harbors on weekends, typically working significantly more than 40 hours per week, but were not paid overtime compensation.   

According to the 10-count complaint, the defendants allegedly failed to pay the two New York-based plaintiffs "spread-of-hours" compensation, required under New York Labor Law, for daily shifts lasting longer than 10 hours. The lawsuit further alleges that the employees were not provided with proper wage notices or weekly wage statements.   

The lawsuit also claims that Clean Harbors and Safety Kleen failed to keep accurate and sufficient time records or supply them to employees. Both companies also allegedly did not provide information explaining minimum wage and overtime pay rights by the FLSA.   

The 10-count class action complaint requests a compensatory award of unpaid overtime, minimum wage and spread-of-hours pay, back pay, statutory and liquidated damages, interest rate and attorney fees.   

Despite these claims, both companies maintain they meet FLSA laws.  

“Our company always seeks to comply with all state, federal and local employment laws and rules,” says James Buckley, the senior vice president of investor relations and corporate communications. “We work hard to pay our employees exactly what they are owed under the law.”  

Buckley adds that the company hasn’t been formally served yet and cannot comment or rebut any of the specific allegations in this lawsuit.  

EDITOR'S NOTE: Recycling Today Media Group has reached out to The Samuel Law Firm for additional information and comment on the lawsuit.