Can Welders Fuse Together and Successfully Challenge Nucor's Overtime Practices?
By Kim Licata
On Friday May 9, 2008, a welder formerly employed by Nucor Corporation ("Nucor") sued the steel manufacturer of steel joists and steel decks over Nucor's overtime practices that allegedly left welders without overtime pay for the hours they worked over 40 hours a week.
According to the complaint, Nucor classified welders as non-exempt and paid them on an hourly basis, but did not pay the welders time-and-a-half for hours worked over 40. To right these wrongs, Elbert Johnson sued Nucor in federal court in Texas, seeking overtime pay, liquidated damages, and attorneys fees on his behalf, as well as all current and former full-time welder employees of Nucor for the prior three years.
It will be interesting to read Nucor's answer to this suit. The FLSA requires that covered, nonexempt workers are paid not less than time and one-half the employee's regular rate for time worked over 40 hours in a workweek. If the allegations of Johnson's complaint are true as to classification and hours worked, then Nucor may face some challenges. The FAQs for FLSA provided by the DOL can be found by clicking here. The Johnson complaint can be accessed by clicking here.
According to the complaint, Nucor classified welders as non-exempt and paid them on an hourly basis, but did not pay the welders time-and-a-half for hours worked over 40. To right these wrongs, Elbert Johnson sued Nucor in federal court in Texas, seeking overtime pay, liquidated damages, and attorneys fees on his behalf, as well as all current and former full-time welder employees of Nucor for the prior three years.
It will be interesting to read Nucor's answer to this suit. The FLSA requires that covered, nonexempt workers are paid not less than time and one-half the employee's regular rate for time worked over 40 hours in a workweek. If the allegations of Johnson's complaint are true as to classification and hours worked, then Nucor may face some challenges. The FAQs for FLSA provided by the DOL can be found by clicking here. The Johnson complaint can be accessed by clicking here.
1 Comments:
Just an update - Plaintiffs in the overtime collective action against Nucor Coporation voluntarily dismissed their lawsuit today. After Nucor's counsel met with Plaintiffs' counsel and explained their overtime calculation formula, Plaintiffs' counsel determined that no overtime violations existed and declined to continue the case.
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