Shockey,
et al. v. Huhtamaki Consumer Packaging, Inc. et al.
United States District Court
for the District of Kansas, case no.: 09-CV-2260 Filed: May
15, 2009
What is the lawsuit about?
UPDATE: On August 9, 2010, the Court issued an order conditionally certifying the class of employees consisting of all nonexempt employees working at Huhtamaki’s facilities located in De Soto, Kansas; Fulton, New York; Los Angeles, California; Albertville, Alabama; Hammond, Indiana; Sacramento, California; Waterville, Maine; Coleman, Michigan; New Vienna, Ohio; and Phoenix, Arizona. The Court found that sufficient allegations were asserted by the Plaintiffs that all of these employees were subject to the same policy of having to perform work both before and after shifts that was “off the clock,” which in turn, denied them of overtime pay.
Our office along with Brown & Associates,
LLC filed a collective action claim against Huhtamaki Consumer
Packaging, Inc. and Huhtamaki Americas, Inc. in the U.S. Federal
Court for the District of Kansas, in Kansas City, Kansas on May
15, 2009. This lawsuit was filed on behalf of all hourly employees
who are required to show up before their work shifts start, and
to stay after their work shifts are supposed to end, but are not
paid for this time. Plaintiff believes this may be accomplished
in time clock rounding scheme or being automatically clocked out
even though you are still working. The lawsuit seeks unpaid overtime
under the federal wage and hour laws: the Fair Labor Standards
Act (FLSA). This lawsuit is asking the Court to certify this class
of employees who worked at all Huhtamaki’s facilities nation
wide.
At this time, this lawsuit is not
a certified collective class action. It will only become a certified
collective class action after the Court issues an order granting
this status. We will seek this class status in the future.
Can I get a copy of the
lawsuit?
For a copy of the lawsuit that has
been filed: Click
here.
How can I join?
If you are a current or former employee
who was subject to the description above, and worked for Huhtamaki
any time after May 15, 2006, and would like more information, please
feel free to contact either:
Brendan
J. Donelon DONELON, P.C.
802 Broadway, 7th Floor
Kansas City, Missouri 64105
816-221-7100
Fax: 816-472-6805
brendan@donelonpc.com
or
Jason
Brown
Brown & Associates, LLC
7505 N.W. Tiffany Springs Pkwy., Ste. 130
Kansas City, MO 64153
816-505-4529
kclawyerbrown@yahoo.com
How Can I follow What is
Happening in the Lawsuit?
This lawsuit was filed in U.S. Federal
Court for the Northern District of Florida. That court allows the
public to view the documents filed in existing lawsuits. You can
access this information by clicking on https://ecf.flnd.uscourts.gov/cgi-bin/login.pl.
Once you are on that web page, you
will need to set up a PACER account in order to receive a “login” and “password.” There
is a link on this page for http://pacer.psc.uscourts.gov/.
Once you have a login and password, you can go back and enter that
information on the court’s website in order to log-in. After
you log in, click “query” at the top of the next screen.
This will bring up a “search clues” box. Within that
box, you will need to enter 09-2260 in the case number area, then
hit the “Run Query” button. On the next screen, click
on the “docket report” link. That will bring up the
docket report for the case. You will be able to see all the documents
that have been filed in the case, including all the consent to
join forms. Note: if you click on a document and want to review
it, there is a charge to your PACER account for the copies. |
