Court decision allows Wisc. foundry lawsuit to move forward
A Wisconsin Seventh Circuit court panel decided to overturn a district court decision granting summary judgment to the employer in a Fair Labor Standards collective action case. The employer, an iron foundry, was accused in the lawsuit of failing to pay workers for time spent donning and doffing work clothing and showering.
The company operates foundries in Wisconsin, Indiana and Tennessee that cast gray iron parts primarily for the automotive industry, according to Stevens Point Journal, a local Wisconsin news source. Nearly 500 workers have joined the lawsuit, alleging they should be compensated for the time it takes to protect themselves from dust inhalation and other hazards. Court papers stated that the workers were subject to discipline if they failed to put on protective equipment, which included hard hats, safety glasses and fire-retardant uniforms.
The initial ruling stated donning and doffing activities were not mandated by law by the employer or the Occupational Safety and Hazard Administration and were therefore not compensable.
An Oct. 30 ruling by the Seventh Circuit determined the prior ruling inappropriate on the grounds that the court could not ignore evidence and testimony supporting the compensability of dressing, undressing and showering.
In addition to paying employees the appropriate rate for hours worked, employers need to maintain proper time and attendance records to maintain compliance with FLSA.
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