Perdue workers filed a lawsuit in December 1999 to demand back pay and pension credit for off-the-clock
The Class Action originated on June 24, 1998, when former employees of A&P brought a lawsuit in New York State Court alleging that A&P illegally allowed off-the-clock
work throughout its stores, and even overtly manipulated employees' time records.
Class Action Lawsuit Cites Systemic Employment Problems - Some Employees Locked into Stores After Hours; No Pay for Off-the-Clock
Work or for Overtime
The suit describes how Albertson's cuts scheduled work hours, reduces or eliminates bonuses or those of their managers, denies career development opportunities (including promotion to managerial posts), or fires employees who report off-the-clock
The illegal abuses include off-the-clock
work for which employees were never paid, missed meal and rest breaks and altered time records.
Despite what Food Lion says, you are not limited to reporting future off-the-clock
work to their "ombudsman," who reports directly to Human Resources.
7 million dollars has been paid to compensate workers performing similar off-the-clock
work in Washington.
The UFCW initiated the action with the Department of Labor in 1991 following repeated complaints from Food Lion workers about off-the-clock
Dority noted the Union's goals in sponsoring the suits "were basic: (1) Stop illegal, unpaid off-the-clock
work at Albertson's; (2) eliminate fear of retaliation against employees seeking pay for time worked and fairly pay workers for their labor; (3) end abuses of injured workers who file worker's compensation claims; (4) eliminate incentives in the bonus system for store-level managers that lead to off-the-clock
work and worker's comp abuses, and (5) show the chain's non-union workers the power of collective action.
The supplemental complaint presents additional evidence that Food Lion's management uses the company's "effective scheduling" system to coerce off-the-clock
work, termed "payjacking" by the union.
The NLRB also stated that the suit had an illegal objective of bypassing the exclusive bargaining agents of its employees by seeking an order from the court which interferes with the UFCW International Union and UFCW Local Unions gathering of off-the-clock
employee wage claims, advising employees of the wage claim rights, publishing Albertson's "off-the-clock
" work practices, and sponsoring employees "off-the-clock
" wage claim lawsuits.
SAN FRANCISCO--(BUSINESS WIRE)--June 16, 1997--Albertson's, the nation's fourth-largest and most profitable grocery chain, lost a key element of its legal strategy against claims by its California employees for back pay and damages for off-the-clock
work when a federal judge ruled recently that those employees do not have to first submit their claims to the grievance-arbitration process of their union contracts.