The number of current and former employees requesting to join the June 2017 lawsuit against Moraine, Ohio-based Fuyao Glass America (FGA) for alleged unpaid wages continues to grow. Six additional workers have filed a motion to join Julia Staggs as plaintiffs in the lawsuit, which is currently seeking class-action status.
That would bring the total to 13 employees, according to attorney Robert DeRose, who claim they are similarly situated and are hoping to recover unpaid wages, including worked overtime hours, and other damages and relief available under the Fair Labor Standards Act.
The named plaintiffs allege the manufacturer refused to pay them overtime due to the defendant’s automatic meal break deduction policy. According to court documents, the former employees claim all hours worked over 40 were to be compensated at a rate of time-and-a-half.
Newman, who was a former hourly production line worker for the company’s auto glass replacement department, alleged the company would round his hours during the times he worked earlier or later than his scheduled shifts.
In October, FGA motioned to have the case dismissed, denying all allegations outlined against the company.
Although the plaintiffs are small in number compared to the overall amount of employees working at the Moraine facility, DeRose told the Dayton Daily News that he doesn’t necessarily need a large number of employees to join the lawsuit in order to be granted class-action status.
“I have to show that they (Fuyao workers and former workers) are similarly situated,” said DeRose to the news source. “We’ve shown that 13 people (so far) agree that they are all treated similarly.”