Michael v. Indiana Packers Corporation
Berger Montague represented a class of over five thousand non-exempt hourly production, maintenance and sanitation employees at Indiana Packer’s Delphi, Indiana facility. The complaint alleged that Indiana Packers did not pay its employees for all required pre-production line and post-production line activities that were necessary and integral to their overall employment responsibilities. These tasks included donning and doffing required safety gear and protective equipment, cleaning and sanitizing their equipment, walking to their lockers or production line after performing compensable activities, and waiting in line to receive required tools and equipment.
The complaint alleged that Defendant violated the federal Fair Labor Standards Act (“FLSA”) as well as Indiana state law by requiring its employees to work substantial amounts of time without compensation (“off-the-clock”), by failing to pay all wages due, and by failing to pay appropriate overtime compensation.
The parties agreed to a settlement in the amount of $1.995 million. The Court granted final approval of the settlement on August 9, 2010. The case is Michael, et al. v. Indiana Packers Corporation, Civil Action No. 4:08-cv-00013-JD (N.D. Ind.).