Court Authorized Notice in Priority Waste Overtime Suit
A federal court allowed employees to join a collective action regarding unpaid overtime against Priority Waste.
Updated on Oct. 5, 2026 in Unions
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A federal court has authorized notice to potential plaintiffs in a collective action lawsuit alleging that Priority Waste LLC and Priority Waste Resources, LLC failed to pay employees for overtime. The court ruled that drivers and loaders at the company performed substantially similar tasks under shared company policies.
Why it matters
The ruling suggests that the employer may have been aware that staff were working through automatic meal break deductions without compensation. By authorizing the notice, the court is allowing a broader group of workers to join the legal action.
The court ordered the company to provide contact information for potential class members after finding they were subject to the same automatic meal break deduction policies. Declarations from employees at 12 facilities showed that assigned routes often prevented workers from taking breaks.
The players
Priority Waste LLC
A waste management firm operating in Michigan, Indiana, and Ohio that is currently facing a collective action lawsuit regarding overtime pay.
Andre Jackson
A named plaintiff in the federal collective action lawsuit filed against Priority Waste.
Davon Arbitter
A named plaintiff involved in the ongoing overtime compensation litigation against the defendant company.
The details
The lawsuit alleges that Priority Waste, which operates in Michigan, Indiana, and Ohio, tracked routes via GPS while failing to pay overtime. While the court permitted the notification of potential plaintiffs, it denied the initial proposal for the notice form and ordered the plaintiffs to submit a revision.
Timeline
September 15, 2026: The court-ordered deadline for the defendants to provide contact information for potential class members.
Political Context
This case centers on the Fair Labor Standards Act provisions governing overtime and recordkeeping for employees. The court's decision follows established Fair Labor Standards Act precedents regarding collective actions for workers subject to similar compensation policies.
Employees at the company may soon receive official notice regarding their eligibility to join the lawsuit and seek potential back pay for uncompensated work hours. This development mandates that the defendants release contact data to facilitate the outreach process for all affected drivers and loaders.
The takeaway
This ruling highlights the importance of maintaining accurate records for meal breaks and overtime, especially when automated systems are used. Workers should review their pay stubs and schedules if they believe their actual work hours differ from those tracked by company software.
Further reading
For more on labor rights and worker representation, visit the Unions section.
Source note: This article includes information reported by Michigan Lawyers Weekly.
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