On January 10, 2018, the Honorable Gregory H. Woods, United Stated District Court Judge for the Southern District of New York certified a class of Portable Toilet Service Technicians in a case against Call-A-Head Corporation and its President Charles W. Howard concerning the failure to pay proper overtime to the technicians. The case is styled Vargas v. Howard and Call-A-Head Corp.
In the Class Certification Order, the Marlborough Law Firm and the law firm of Slater, Slater Schulman were appointed Co-Lead Counsel for the certified class and five of the plaintiffs were appointed as representatives of the class.
With respect to the decision, Mr. Marlborough, Principal Attorney of the Marlborough Law Firm stated: “This is great news for class members. The Court recognized that Plaintiffs satisfied their burden of showing that common questions predominate over individual ones in this case, such that plaintiffs’ claims can be proceed on behalf of all members of the class. We are looking forward to notice going out to all class members and to litigating the case on a classwide basis.”