Former Solid Waste supervisor claims 70 hour weeks, no OT pay, lawsuit says

HOUSTON, Texas (KTRK) — Patricc Fortiori said his first day on the job as a supervisor at the City of Houston’s Solid Waste Department didn’t go how he thought it would.

And, he said, things never changed for the two years he worked there.

“I reported to work at 6 a.m. and did not get off until 9 p.m.,” Fortiori said.

When he was hired, Fortiori said it was his understanding that his job as a supervisor consisted of preparing routes for recycling pick-up drivers, vetting 311 calls and assigning them to others to be completed and doing payroll and hiring.

But, he said, due to short staffing, that’s not what happened.

Fortiori filed a federal lawsuit against the city in April, claiming he was not compensated for all of the overtime he worked.

He was a salaried employee, supposed to work 40 hours a week, but averaged 70 hours a week, according to the lawsuit.

Fortiori said because of the staffing in Solid Waste, he and other supervisors worked alongside hourly workers on the streets picking up trash and delivering cans.

SEE ALSO: 13 Investigates: Down 80 workers, Houston solid waste supervisors say they’re overworked, underpaid

13 Investigates first spoke with Fortiori in January 2023, when we investigated staffing and pay at the Solid Waste Department.

Our investigation found during the first 10 months of 2022, a dozen supervisors worked 6,646 extra hours past their normal 40-hour shift, according to their time sheets. But, they did not receive any extra pay for those hours worked.

That meant hourly workers, who Fortiori said he technically managed, were making more money than him since they were receiving overtime pay.

During fiscal year 2022, when Fortiori was with the Solid Waste Department, hourly workers made $7.5 million in overtime alone, according to data 13 Investigates obtained from the city.

“With the amount of overtime that they were working they’re bringing home 80, 90, $100,000 a year consistently, whereas salaried supervisors who are out there the same amount of time, we’re at $60,000, mid 60s,” Fortiori said.

Even though Fortiori’s title made him a salaried employee who couldn’t earn overtime, Fortiori argues in his lawsuit that because he was doing the work of an hourly employee, he should be eligible under the Fair Standards Labor Act.

He left the city in 2022 and has been trying to get compensated for all the overtime he worked for years.

In September 2022, before he left the city, Fortiori addressed city council asking why protections put in place by the mayor to prevent what was happening weren’t being used in Solid Waste.

“Why are my colleagues working 80 hours a week in the presence of this Executive Order 1-61, which is supposed to supply us relief?” Fortiori said.

The executive order allows salaried workers in Fortiori’s pay grade to receive compensatory time for extra hours worked. But, Foriori said they didn’t receive any.

Back in 2023, Fortiori was being represented by Tony Buzbee, who penned a letter to the city saying the case should have been resolved short of litigation because it is the right thing to do, but that didn’t happen.

Now, Fortiori and six others are represented by attorney Rick Prieto in what could become a collective action suit, similar to a class action.

“Private employers tend to look at that, weigh their options, and reach a resolution earlier,” said Prieto, a partner at Wage and Hour Firm. “Unfortunately, when you’re dealing with a public entity like the city of Houston, there seems to be a different idea about a resolution, especially early on, which is unfortunate because at the end of the day everyone here has funded that and our dollars should be put towards paying folks like Patricc the right way, for example, or other things that make our city great.”

In a statement to 13 Investigates, the City of Houston said it’s aware of Fortiori’s claims and that “his concerns arose during the previous administration.”

“The City takes these allegations seriously and is committed to fair labor practices and full compliance with all applicable employment laws,” the city said in its statement. “The City values every member of its municipal workforce and is committed to ensuring that all employees are compensated fairly and in accordance with applicable federal and state laws. We are thoroughly reviewing these claims and are confident our classification procedures are in full compliance with FLSA requirements.”

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