PHILADELPHIA – A federal court jury has awarded back wages of more than $22 million to the U.S. Department of Labor for more than 7,500 employees working for East Penn Manufacturing Company Inc. — one of the world’s largest battery manufacturers — after the department proved that the company failed to pay them overtime pay.
The award by the 12-member jury marks the largest recorded verdict under the Fair Labor Standards Act obtained by the department, which intends to ask the U.S. District Court for the Eastern District of Pennsylvania to award an equal amount in liquidated damages for the affected workers. The department will also seek an injunction requiring future FLSA compliance by the Lyons Station, Pennsylvania, manufacturer.
In an earlier summary judgment ruling, the court found that East Penn violated the FLSA’s overtime requirement by failing to pay uniformed workers for all actual working time.
A 30-day trial ended when the jury found that the battery manufacturer was required to pay the affected workers for all of their working time, resulting in overtime violations. Typically, East Penn paid workers only for their 8-hour scheduled shift. The employer did not pay for additional time employees needed to put on and remove protective equipment and to shower to avoid the dangers of lead exposure and other hazards. Federal law requires employers to include all hours employees worked and to pay an overtime premium for hours over 40 in a workweek.
This historic jury...
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