Taylor v. C6 Disposal Systems, Inc.

Western District of Texas, txwd-5:2019-cv-00347

Exhibit Dec of T. Santana

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Exhibit 3 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION CHARLES TAYLOR, § Individually and on behalf § Civil Action No. 5:19-cv-00347-ESC of all others similarly situated § § Plaintiff § JURY TRIAL DEMANDED § v. § COLLECTIVE ACTION § PURSUANT TO 29 U.S.C. § 216(b) C6 DISPOSAL SYSTEMS, INC. § § CLASS ACTION PURSUANT TO Defendant § FED. R. CIV. P. 23 DECLARATION OF TOMMY SANTANA I, Tommy Santana, being of sound mind and over the age of 18, make the following declaration: 1. My name is Tommy Santana and the facts contained in this declaration are within my personal knowledge and are true and correct. 2. I was employed by C6 Disposal Systems, Inc. ("Defendant" or "C6 Disposal") as a non-exempt waste disposal driver at C6 Disposal's San Antonio, Texas facility from approximately June of 2014 until mid-October of 2016. 3. I was a driver for C6 Disposal and was paid an hourly rate and then later, a piece rate. 4. My daily duties included the collection, transportation and disposal of waste for C6 Disposal and/or its clients in the San Antonio, Texas area. 5. I was required, as part of my employment with C6 Disposal, to work overtime hours and did work overtime hours on a regular, if not weekly, basis. 6. I know that my fellow co-workers were also required to work overtime hours on a regular, if not weekly, basis. 7. C6 Disposal automatically deducted a thirty-minute meal period from my daily hours, even though I regularly worked through my meal period on C6 Disposal's behalf. Declaration – T. Santana Page 1 8. Specifically, I regularly brought my lunch to work and ate while driving. There were also times that I did not get to eat my lunch at all. 9. My fellow drivers had the same routine as me and either ate while working or did not take a lunch break at all. I know this because I talked to my fellow co-workers on a regular basis about this issue. 10. C6 Disposal was aware that I and my fellow drivers ate our lunches while we were on duty and that we either routinely worked through lunch or did not take a lunch at all. 11. I know that C6 Disposal was aware that I did not take my lunch break because my weekly routes were so time-consuming I could not complete them and also take an uninterrupted thirty-minute lunch break. 12. In addition, I know that C6 Disposal was aware that I did not take my lunch break because C6 tracks our vehicles' GPS signals. 13. Defendant subjected my coworkers and me to the same or substantially similar policies discussed in my declaration. 14. I communicated regularly with C6's management and dispatch teams using my personal cell phone. C6 would contact me on my cell phone about the loads I was carrying, or if they could not reach me on the two-way radio. C6 would also contact me to give me new work assignments. 15. Based on conversations with other Drivers, I know C6 would also call them on their cell phones to communicate with them. 16. Based on my conversations with other Drivers, I believe that they would be interested to learn that they may recover unpaid overtime from C6 Disposal and would want to opt-in to this lawsuit. 17. I know from speaking with other Drivers about joining the case that they are very scared that C6 will retaliate against them. Many believe that C6 will either fire them if they still work Declaration – T. Santana Page 2 for C6 or if they no longer work for C6, that C6 will tell their current employer and try to get them fired. 18. I declare under penalty of perjury that the foregoing is true and correct. Jun 18, 2019 Executed on: _______________________ Tommy Paul Santana Sr (Jun 18, 2019) TOMMY SANTANA Declaration – T. Santana Page 3