East Penn Manufacturing Company Inc., a battery manufacturer based in Berks County, owes $22 million for failing to pay their workers properly for time spent changing clothes and showering after their shifts. It’s the largest Fair Labor Standards Act verdict ever obtained by the Department of Labor, according to a spokesperson for the department.
The 7,500 employees impacted by the case must wear protective gear and shower after their shifts to avoid lead exposure and other health risks from working in the manufacturing complex. According to the Department of Labor, East Penn had been paying workers for their eight-hour scheduled shifts, but not for additional time spent showering and changing. That should have been compensated as overtime, the department said.
The 30-day trial included testimony from 39 workers, many of whom testified that East Penn was not giving them enough time during their shifts to shower and change, said Regional Solicitor Oscar Hampton.
“The employees weren’t educated about whether or not they had a right to be paid for putting on their uniform [at the beginning of their shifts] and showering at the end of the day,” Hampton said.
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The department started investigating East Penn after a worker complained seven years ago about not getting paid for that time, Hampton added. The suit was filed in federal court in 2018.
“This verdict of more than $22 million is a long-overdue victory for more than 7,500 workers at East Penn Manufacturing,”...
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