A major corporation is facing a collective and class action lawsuit over alleged violations of labor laws. Tami Cherrington filed the complaint on February 18, 2026, in the United States District Court for the Southern District of Texas against WM Resources, Inc., a leading waste management service provider in North America.
The case centers around accusations that WM Resources systematically failed to compensate its customer service representatives (CSRs) for pre- and mid-shift work activities. According to the complaint, these activities include booting up computer systems and logging into necessary applications before shifts and during unpaid meal periods. The plaintiff argues that this practice violates the Fair Labor Standards Act (FLSA) by not paying employees for all hours worked, including overtime. Cherrington, who worked remotely as an hourly CSR from April 2019 through March 2023, claims that these unpaid tasks amount to approximately 20-25 minutes per day of uncompensated work time.
The Department of Labor’s Fact Sheet #64 highlights common abuses in call center jobs, such as non-payment for pre-shift activities like starting computers and downloading work instructions. The plaintiff asserts that WM Resources ignored these guidelines and continued its unlawful practices despite being aware of them. Cherrington seeks a declaration that her rights were violated, along with those of other similarly situated employees. She is asking for unpaid back wages, liquidated damages, attorneys’ fees, costs, and any other remedies deemed appropriate by the court.
Cherrington also accuses WM Resources of breaching contracts by not paying agreed-upon hourly rates for all hours worked. She claims that CSRs were pressured into performing off-the-clock work due to adherence metrics that penalized unavailable time during scheduled shifts. The complaint alleges that this breach resulted in “gap time” claims where employees were not paid for non-overtime hours worked below 40 hours per week.
In addition to FLSA violations and breach of contract claims, Cherrington includes an unjust enrichment claim against WM Resources. She argues that the company benefited from unpaid labor while failing to compensate employees fairly. The lawsuit seeks collective action certification under FLSA Section 216(b) and class action certification under Federal Rule of Civil Procedure 23(b)(2) and (b)(3).
The case has been assigned Case ID 4:26-cv-01306 with Judge information yet to be disclosed. Kevin J. Stoops from Sommers Schwartz P.C., based in Southfield, Michigan represents Tami Cherrington and other potential class members.
Source: 426cv01306_Tami_Cherrington_v_WM_Resources_Complaint_Southern_District_of_Texas.pdf
