The law is clear that employees paid on an hourly basis must be paid for all the time they work for an employer, which includes any time putting on or taking off safety or sanitation gear required by the employer, the law or the job.
Madison, WI (PRWEB) January 25, 2013
On January 24, 2013, a Fair Labor Standards Act Complaint was filed in federal court by a former employee against Grande Cheese Company. The Complaint alleges that as an hourly employee the plaintiff was required to put on ("don") and take off ("doff") safety and/or sanitation gear prior to and after his scheduled shift and was not compensated for the time he spent performing these pre-shift and post-shift activities.
The Complaint was filed under the FLSA's collective action procedure, meaning the plaintiff filed his Complaint on behalf of himself and other "similarly situated employees" who work or worked as non-exempt hourly employees working in production, operations, distribution, maintenance, or other similar positions. The lawsuit alleges that Plaintiff and the other similarly situated employees were paid on an hourly basis but received no compensation for the time they spent putting on and taking off required safety and/or sanitation gear, which included, but was not limited to, a sanitary shirt and pants, boots, ear plugs, bump cap, rubber gloves, and safety glasses. According to the Complaint, Grande Cheese required all of its employees to put on and take off safety and/or sanitation gear while they were off the clock.
Defendant Grande Cheese Company is headquartered in Brownsville, Wisconsin and maintains seven facilities throughout central and southeastern Wisconsin. It is in the business of producing and distributing cheese and whey products.
Curtis P. Zaun, who represents the Plaintiffs stated, "The law is clear that employees paid on an hourly basis must be paid for all the time they work for an employer, which includes any time putting on or taking off safety or sanitation gear required by the employer, the law or the job. Grande Cheese Company had an established policy and procedure meant to avoid paying its employees for all the time they worked."
Plaintiffs are represented by Rachhana T. Srey and Curtis P. Zaun from Nichols Kaster, PLLP in Minneapolis, Minnesota. The case was filed in federal court in the Western District of Wisconsin and is titled Venechuk v. Grande Cheese Company. Court File No. 3:13-cv-00054. Visit http://www.nka.com for additional information about the case or contact us toll free at (877) 448-0492, ext. 271 or via email at lburtch(at)nka(dot)com.