SYRACUSE (LN) — U.S. District Judge Elizabeth C. Coombe on Wednesday granted conditional certification for a collective action alleging automatic meal-break deductions, but sharply narrowed the scope to full-time drivers at Syracuse Haulers Waste Removal, Inc.’s Syracuse facility.
Judge Coombe ruled that plaintiff Dillon Sims, a former driver, made a modest factual showing that he and other drivers were victims of a common policy that automatically deducted 30 minutes for meal breaks they did not take.
Sims alleged that the company deducted the meal period from wages even when drivers worked through their breaks because routes were too time-consuming. He claimed supervisors instructed drivers to record lunch breaks on time sheets regardless of whether they actually took them.
The court rejected Sims’ initial request to certify a nationwide collective of all hourly employees. Coombe noted that Sims failed to explain what the helper position entails or allege that helpers other than one declarant were also victims of the alleged policy.
“Nothing in Plaintiff’s submissions explains what the helper position entails or otherwise alleges that helpers other than Mr. Myers were also ‘victims of a common policy or plan that violated the law,’” Coombe wrote.
The judge also denied Sims’ request to send notice via email, text message, or workplace postings. Coombe cited concerns that email communications could be distorted if forwarded with commentary and noted that Sims failed to show high employee turnover that would render mail ineffective for text notices.
Defendant argued that drivers had sufficient time to take breaks and that none had filed union grievances. Coombe declined to weigh those merits-based arguments at the conditional certification stage, noting the court does not resolve factual disputes or make credibility determinations at this phase.
The court authorized a 60-day opt-in period via first-class mail, with a reminder notice sent 30 days after the initial mailing. Syracuse Haulers must provide names and last-known mailing addresses for full-time drivers employed at the Syracuse facility from May 6, 2023, through the date of the order.
The parties must meet and confer on the content of the notice and submit a proposal or competing briefs by May 27, 2026.