COLUMBUS, Ohio (WCMH) — A Honda Marysville worker is suing his employer in federal court for allegedly violating the Fair Labor Standards Act by not paying employees for all the hours they put in before and after their shifts.
The plaintiff, Joab Scott, who has worked at the plant since 2006, asserts that he and others like him are due overtime pay for the extra time they are required to be at the plant. In the complaint, Scott said he is expected in Honda's locker room a half hour before being on the clock. Likewise, at the end of his shift, Scott has to spend extra time walking to and being in the locker room before leaving.
The suit details Scott's time on the job. For each 6 a.m. to 2:30 p.m. shift that Scott is scheduled, he arrives at 5:30 a.m. During his first stop in the locker room, he puts on his required personal protective equipment. This includes a bump cap, Kevlar sleeves, Kevlar gloves, earplugs, steel-toed boots, and other safety equipment. It takes 10-15 minutes to put on the items, then he must walk 10-15 minutes to his workstation. At the workstation, Scott performs an additional 5-10 minutes of tasks before officially clocking in.
Scott's shift ends with first punching out at his workstation, then repeating the process of walking to the locker room and removing his gear. This accounts for another 20-30 minutes, which is not considered part of his paid shift.
“Indeed, the personal protective equipment was tied to the productive work that production associates were hired to perform and without the personal protective equipment, Plaintiff and all similarly situated workers could not perform their work duties for Defendant,” the lawsuit, filed by The Lazzaro Law Firm and Foty Law Group, states. “Therefore, this time constitutes compensable time worked under Ohio law.”
Since Scott was scheduled to work 40 paid hours a week, the suit seeks overtime compensation for his time at the plant that Honda did not consider part of his paid shift.
Wendy’s chief to take over at Hershey’sIn the document, Lazzaro and Foty cite the continuous workday rule, which states that “once the first compensable activity is performed, the continuous workday has started and all subsequent activities performed are compensable regardless of the amount of time each specific individual activity takes.” Scott's representation also claimed that Honda “knew the requirement to pay for all time worked, but intentionally and/or recklessly chose not to do so.”
The lawsuit seeks to include current and former production associates, employed up to three years ago, in a class action lawsuit over unpaid time. The past or present workers would be offered an “opt in” to become part of the litigation. The lawsuit states that more than 100 individual workers could be included.
A spokesperson for Honda Marysville told NBC4 that since this is an ongoing legal issue, the company has “nothing further to add at this time.”
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