Spoerle v. Kraft Foods Global, Inc.

253 F.R.D. 434, 15 Wage & Hour Cas.2d (BNA) 1313, 2008 U.S. Dist. LEXIS 37678, 2008 WL 2002221
CourtDistrict Court, W.D. Wisconsin
DecidedMay 5, 2008
DocketNo. 07-cv-300-bbc
StatusPublished
Cited by14 cases

This text of 253 F.R.D. 434 (Spoerle v. Kraft Foods Global, Inc.) is published on Counsel Stack Legal Research, covering District Court, W.D. Wisconsin primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Spoerle v. Kraft Foods Global, Inc., 253 F.R.D. 434, 15 Wage & Hour Cas.2d (BNA) 1313, 2008 U.S. Dist. LEXIS 37678, 2008 WL 2002221 (W.D. Wis. 2008).

Opinion

OPINION AND ORDER

BARBARA B. CRABB, District Judge.

Plaintiffs are hourly employees at defendant Kraft Foods Global, Inc.’s meat processing plant in Madison, Wisconsin. Before they clock in for work, plaintiffs are required to put on several items of safety and sanitation equipment and then walk to their work stations where the time clock is located. The process is repeated in reverse after plaintiffs clock out. Plaintiffs contend that defendant’s refusal to pay them for this time violates the Fair Labor Standards Act and Wisconsin law.

Defendant filed an early motion for summary judgment, in which it argued that donning and doffing the equipment was not compensable under the FLSA because those activities fall into several exceptions to the statute involving “preliminary” and “postliminary” activities, “changing clothes” and “de minimis” acts. In addition, it contended that plaintiffs state law claims were preempted by federal law. In an opinion and an order dated December 31, 2007, dkt. # 25,1 denied defendant’s motion for summary judgment in most respects, concluding that its preemption arguments were unpersuasive and that it had not shown that it was entitled to judgment as a matter of law on plaintiffs FLSA claims. Spoerle v. Kraft Foods Global, Inc., 527 F.Supp.2d 860 (W.D.Wis.2007). I later denied defendant’s motion for reconsideration, dkt. # 33, and its request to file another motion for summary judgment, dkt. #113.

Now before the court are plaintiffs’ motion for class certification, dkt. # 34, and defendant’s “motion to strike, for protective order, and for sanctions,” dkt. # 38. Plaintiffs’ motion has two parts. With respect to their claims under the FLSA, plaintiffs seek certification of the case as collective action under 29 U.S.C. § 216(b); they seek class certification under Fed.R.Civ.P. 23(b)(3) for their state law claims.

The focal point of defendant’s motion is plaintiffs’ failure to obtain court approval or solicit input from defendant before sending out notices to potential class members and seeking their consent to participate in the lawsuit under § 216(b). In addition, defendant says that the notice contained “scare tactics” and “blatant misrepresentations” that have “tainted the collective action process.” Dkt. # 39, at 1, 8. Defendant asks the court to require that plaintiffs send out curative notices, to “bar the plaintiffs from further unsupervised contact with absent class members,” id. at 14, and to sanction plaintiffs by requiring them to pay defendant’s attorney fees and costs in bringing the motion.

Plaintiffs’ motion will be granted. This is an easy case for class certification: plaintiffs are challenging defendant’s policy of refusing to pay hourly employees for certain activities; the class is limited to those employees who engage in those activities. It makes sense to decide the lawfulness of that policy with respect to all employees in one case. Defendant has not identified any persuasive reasons why individual lawsuits would be a superior method to resolving the parties’ dispute.

Defendant’s motion will be granted with respect to its request to require plaintiff to send out new notices. Defendant is correct that the notices contain potentially misleading information about the rights of the employees. However, the motion will be denied in all other respects. The other sanctions defendant seeks are unnecessary and excessive.

From the affidavits submitted by the parties, I find the following facts to be undisputed for the purpose of deciding the parties’ motions.

UNDISPUTED FACTS

A. Defendant’s Policy and Employee Practices Regarding Donning and Doffing

Sanitation and Safety Equipment

Defendant Kraft Foods, Inc. processes and manufactures meat products at its Oscar [437]*437Mayer plant in Madison, Wisconsin. Plaintiffs Jeff Spoerle, Nick Lee, Kathi Smith and Jason Knudtson are hourly employees of defendant at its Oscar Mayer Facility in Madison.

Currently, approximately 930 hourly employees work at the Oscar Mayer Facility. There are several hundred additional individuals who were formerly employed at the facility after May 30, 2004. Approximately 1/3 of the hourly workforce works fewer than 40 hours in any given week and approximately 1/5 to 1/4 of the workforce works fewer than 35 hours in any give week. The exact number of employees working fewer than 35 or 40 hours changes because of changes in schedules and production.

Production occurs on all nine floors of the Oscar Mayer facility. There are 22 departments in which employees work and 27 time clocks available for use throughout these departments. Hourly employees are paid from the time they “swipe in” to the time they “swipe out.”

Defendant requires that all hourly employees wear certain company-provided items in the performance of their jobs: footwear (shoe rubbers, rubber boots or work boots), hair nets, beard nets (if applicable), protective headgear (hard hat or bump cap), polyester frocks, and ear plugs or ear muffs. Maintenance personnel are also required to wear a cotton shirt. Some employees are required to wear safety glasses.

To retrieve any of these items, employees must go to the third floor of the Oscar Mayer facility. Some employees store their items in lockers located in third floor locker rooms. Some retrieve items from an area adjacent to the locker rooms, also on the third floor. There are supply bins along the wall on the third floor, a short distance from the employee locker rooms, where hairnets and beard nets can be obtained.

Defendant requires that certain company-provided items be donned before swiping in and doffed after swiping out: footwear (shoe rubbers, rubber boots, or work boots), hairnets, beard nets (if applicable), and a hard hat or bump cap. These items are put on in the locker rooms. Maintenance personnel are also required to put on a cotton shirt before swiping in.

The amount of time it takes an employee to don or doff these items may vary. Some employees slip on their footwear, while others must tie them up. It may take employees longer to change their shoes if they are chatting with a co-worker while changing or if physical conditions slow them down.

After employees don their required items on the third floor, they must go to their workstations to clock in. The amount of time it takes to walk to the work station varies from employee to employee. Employees are not paid for the time spent walking to and from their workstations.

B. Class Notice

In early January 2008, the union provided plaintiffs’ counsel with a list of current hourly employees. Plaintiffs’ counsel then sent a letter to the employees on the list in an attempt to obtain consents to join the pending lawsuit. The letter stated:

ADVERTISEMENT
RE: Spoerle, et al. v. Kraft Foods Global, Inc. Case No. 07-C-0300-C
Deal- Oscar Mayer Employee:
This firm represents the Plaintiffs in the above lawsuit.

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253 F.R.D. 434, 15 Wage & Hour Cas.2d (BNA) 1313, 2008 U.S. Dist. LEXIS 37678, 2008 WL 2002221, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spoerle-v-kraft-foods-global-inc-wiwd-2008.