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For Unpaid Wages and Unpaid Overtime

Class Action Against Battelle memorial institute

 

On May 19, 2007, Battelle Memorial Institute's employees Mr. Jason Sweat and Ms. Sue Renzello filed a collective (class) action lawsuit for unpaid wages, overtime, and benefits against Battelle Memorial Institute ("Battelle").  The suit is currently pending before the Federal District Court in Salt Lake City, Utah.

 

The plaintiffs (employees) alleged that Battelle had a policy and/or practice that required their employees at the Tooele Chemical Demilitarization Facility (“TOCDF”) to work off-the-clock hours during pre-shift time and lunch breaks without compensation during the relevant period of time from May 19, 2001 through May 19, 2007. 

 

Plaintiffs alleged that Battelle paid them only from the time they arrived at their work stations, and thus did not pay them wages and overtime for the time it took from the time the employees picked up their masks from the mask trailer to the time they arrived at the work station ready in Battelle clothing.

 

Additionally, the plaintiffs/employees alleged that Battelle automatically deduted 30 minutes per shift from their compensable time for meal breaks.  However, plaintiffs alleged that Battelle places many severe restrictions on the employees during the 30-minute meal break, such as requiring employees to: be on call during lunch breaks, stay on premises, be in Battelle clothing, keep the mask carrier with them at all times, and frequently report back to work, etc. And thus the meal periods are spent predominantly for the employer's (Battelle's) benefit and therefore the employees should be compensated for the 30-minute meal breaks.

 

Plaintiffs are seeking to recover unpaid wages and overtime compensation, including liquidated damages and interest, reasonable attorneys’ fees and litigation costs on behalf of themselves and all similarly situated current and former Battelle employees under the Fair Labor Standards Act ("FLSA"), and the Utah State's wage laws.  

 

In a related class action case of Land et al. v. EG&G Defense Materials, Inc., the Court ruled that the workday starts when an employee picks up the required mask carrier from the Mask Trailer and ends when the employee puts the mask carrier back at the end of the day.  Therefore, employees at TOCDF must be compensated for their workday beginning at the Mask Trailer and ending at the Mask Trailer.  

 

If you need more information or have any questions about this lawsuit, please contact the class counsel.

 

All the communications between any prospective class members (employees) and class counsel are strictly confidential. 

NOTE

Federal law prohibits Battelle from discharging or in any other manner discriminating against you because you have exercised your rights under the Fair Labor Standards Act.

 

The FLSA states that it is "unlawful for any person [including corporations]...to discriminate against any employee because such employee has filed any complaint or instituted...any proceeding under... this Act, or has testified or is about to testify in any such proceeding."

Anti-retaliation provisions of FLSA are designed "to foster an environment in which employees are unfettered in their decision to voice grievances without fear of economic retaliation or reprisal," and the courts have interpreted the statute to apply to a wide variety of retaliatory employer actions.  The statute is interpreted broadly in favor of employees.  An employer who retaliates or discriminates against an employee in violation of this statute is potentially subject to fines or even criminal prosecution, and the affected employee is entitled to legal or equitable relief.  The  statute has real "teeth." In appropriate cases, courts can also award punitive damages.  Finally, anti-retaliation cases may be brought against individuals as well as the employer.

We have complied a list of Frequently Asked Questions (FAQs) relating to this matter.  If you have any questions not included in the FAQs, or wish to provide any information relating to this matter, please contact the class counsel at: jesse@lawyer4workers.com.  We guarantee to keep your identity and the information you share with us strictly confidential.