In the News: Class Action Lawsuit Filed Against Kerry
By Hillary Windrow
Employees allege they were not paid to change into gear
Approximately 142 workers at Kerry Ingredients will be receiving letters about a lawsuit against the company.
A federal court has paved the way for more than 800 current and former workers at Kerry Specialty Ingredients plants in Wisconsin, Minnesota, Iowa and Ohio to join a lawsuit for unpaid time on the job.
The lawsuit, filed in federal court in Minnesota, alleges Kerry did not pay its workers for time spent putting on and taking off protective gear before and after shifts.
The court ordered that the lawsuit proceed as a class action suit and authorized notices to be mailed to Kerry employees who worked in production, maintenance, and sanitation jobs at any time on or after Feb. 1, 2003 in Albert Lea, Minn, Covington, Ohio, Fredrecksburg, Iowa, and Beloit, Jackson, Owen and Vesper, Wis.
The notices mailed otu Tuesday require the workers to fill out and return a “consent form” by Oct. 29 if they want to join the lawsuit as plaintiffs, according to Bill Gengler, of the Minneapolis law firm of Lockridge Girndal Nauen P.L.L.P.
Gengler claims Kerry’s practices violate the Fair Labor Standards Act.
“The time it takes to put on and take off protective gear adds up. Over a couple of years, it could be worth several thousand dollars to a Kerry worker,” Gengler said.
Senior Counsel for Kerry Americas Suzanne Kiwaiko said Kerry is aware of the lawsuit and denies that it has violated the law in any way.
“…This lawsuit does not pertain to allegations that Kerry has improperly denied pay for time spend putting on and taking off protective equipment. Kerry vigorously contends that it is not obligated to pay for uniform changing time at the union plants because nonpayment is past custom and practice of Kerry and the unions that, under the law, exempts Kerry from having to pay for this time, and at the nonunion plants, time spent changing into and out of uniforms is so inconsequential that under the law, Kerry is not obligated to count it as working time,” Kiwaiko said.
Plaintiffs seek to recover all compensation for donning and doffing including overtime pay. In addition, plaintiffs are seeking double damages, interest, costs of the suit and attorneys’ fees.
Gengler said the case will probably be ready for trial in early September.
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