Welcome to the Website
Maintained by Class Counsel
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.