Busler, et al. v. Enersys Energy Products, Inc. et al.
United States District Court for the Western District of Missouri, case no.: 09-CV-0159
Filed: February 27, 2009

What is the lawsuit about?

Our office along with Brown & Associates, LLC filed a collective action claim against Enersys Energy Products, Inc. and Enersys, Inc. in the U.S. Federal Court for the Western District of Missouri, in Kansas City, Missouri on February 27, 2009. This lawsuit was filed on behalf of all plant employees and other hourly employees for unpaid time and overtime under the federal wage and hour laws: the Fair Labor Standards Act (FLSA). The lawsuit alleges that Enersys failed and refused to properly pay overtime compensation due individuals that worked at their manufacturing facilities. In particular, Enersys failed to compensate these employees for the time required to don and doff safety equipment, gear, protective clothing the necessary time to wash and clean themselves, both before and after shifts. This lawsuit is asking the Court to certify this class of employees who worked at all Enersys facilities in Missouri, Kansas, Ohio, Tennessee, South Carolina, Pennsylvania, and Kentucky.

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 were/are a employee of Enersys who worked at one of their manufacturing facilities any time after February 27, 2005, and would like for us to review the facts surrounding your employment, you need to download and complete the following questionnaire form. After completing this forms, you will need to mail them to either:

After we receive this form, we will contact you for further information. For any other information on this matter, or if you have any questions about the above forms, please feel free to contact our office or co-counsel Jason Brown.

How Can I follow What is Happening in the Lawsuit?

This lawsuit was filed in U.S. Federal Court in Kansas City, Kansas. That court allows the public to view the documents filed in existing lawsuits. You can access this information by clicking on https://ecf.mowd.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 09-0159 in the case number area, then hit the “Run Query” button. On the next screen, clock 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.