Overtime Lawsuit Filed for DuPont’s Ohio Production Employees
Recently on June 15, 2023, our experienced wage and hour attorneys filed a new collective and class action lawsuit for unpaid overtime wages against DuPont Specialty Products USA, LLC. The unpaid wages alleges that DuPont has failed to properly compensate its hourly production and manufacturing employees in Ohio for all overtime hours worked. Consequently, the unpaid overtime case seeks to recover hard-earned overtime wages that are owed to DuPont’s Ohio production and manufacturing workers.
Specifically, the lawsuit alleges that DuPont requires its Ohio hourly production employees to arrive to work before the scheduled start of their shift. During this pre-shift time, DuPont’s Ohio employees put on chemical/flame resistant safety gear and other personal protective equipment. After putting on this personal protective equipment, the employees engage in a pass-down meeting with the previous shift’s employee that they are relieving. During the pass-down meeting, the production employees discuss material aspects of the job. Then, the production employees travel to their assigned stations and begin productive work.
All of these above tasks occurred prior to the scheduled start of the employees’ shifts and were therefore uncompensated as a result of DuPont not paying employees until the scheduled start of their shifts. The lawsuit further alleges that this uncompensated pre-shift work resulted in unpaid overtime for DuPont’s hourly production employees, in violation of both federal and Ohio law.
The lawsuit was filed in the United States District Court for the Southern District of Ohio, Eastern Division, and is called Pollock v. DuPont Specialty Products USA, LLC, Case No. 2:23-cv-1937. The lawsuit seeks to recover the unpaid overtime wages for all of DuPont’s affected hourly production employees in Ohio during the past three years, additional liquidated damages in the amount equal to the unpaid overtime, attorney’s fees, costs, and other damages under Ohio law.
Has DuPont been sued for not paying for pre-shift work in the past?
Yes! DuPont was sued for substantially the same violations at by DuPont workers at Towanda. In that case, DuPont argued that it should not have to pay employees for pre-shift work because it alleged that a paid meal break was given. The Third Circuit Court of Appeals ruled against DuPont on October 7, 2016. Then, DuPont settled the claims by creating a settlement fund of $5,000,000. The settlement fund only covered unpaid overtime wages for workers at the Towanda plant.
Who do I contact if I worked for DuPont and I think I was not paid for my pre-shift work?
If you worked in production or manufacturing at DuPont in Ohio and you were not paid before the scheduled start of your shift despite performing similar pre-shift work as described above, then you may be entitled to additional unpaid overtime wages for the uncompensated work. If you have any questions about the unpaid overtime lawsuit against DuPont, please contact our experienced unpaid overtime attorneys by phone at 1-614-949-1181 or by emailing mcoffman@mcoffmanlegal.com. Our attorneys would be happy to speak with you in a free and fully confidential consultation.
Can DuPont retaliate against me if I join or participate in the lawsuit?
No. The FLSA prohibits employers from retaliating against employees or individuals who exercise their rights to join a federal lawsuit. The FLSA makes it unlawful for employers (and any person) to “discharge or in any other manner discriminate” against an employee because an employee has filed a complaint, has testified in any proceeding, or has served or will serve on an industry committee. If DuPont violates the FLSA by retaliating against any employees by discharging or otherwise discriminating against any employees who join or participate in the case, then DuPont can be held liable for remedies that include employment, reinstatement, lost wages, and double damages (liquidated damages). More information about the prohibitions against retaliation can be found on the Department of Labor website here. If you have experienced or are concerned about retaliation, please contact our experienced employment lawyers so that we can explain your rights.
