October 15, 2016
By Steven Wishnia and Neal Tepel
Philadelphia, PA – A federal appeals court here on Oct. 7 revived a wage-theft lawsuit by DuPont workers, reversing a lower-court ruling that dismissed the suit.
More than 160 workers at DuPont's X-ray-screen plant in Towanda, Pennsylvania, charged that the company refused to pay them overtime for the 30 to 60 minutes they spent every day updating workers on the next shift about what was happening on the job and putting on or taking off their uniforms and protective gear. DuPont argued that it didn’t have to pay overtime because it already gave them paid meal breaks, which it wasn’t legally required to do. But nothing in the federal Fair Labor Standards Act, the Third Circuit U.S. Court of Appeals held, “authorizes the type of offsetting DuPont advances here.” The ruling sends the lawsuit back to the lower court. Read more