Case Information
Martinez-Hernandez v. Butterball, LLC
This case challenges the failure of Butterball to pay overtime and minimum wages to processing workers at its turkey processing plant in the Eastern District of North Carolina. Specifically, the plaintiffs charge that Butterball did not count all the time that the plaintiffs worked, including the time they spend putting on and taking off personal protective equipment, walking time within the plant, and break time. The case is brought as a collective action for claims under the federal Fair Labor Standards Act and as a class action under the North Carolina Minimum Wage Act. Robert Willis is lead counsel in the case and will be assisted by Joel T. Alexander and Getman Sweeney as counsel attorneys. The case is to be tried by the Honorable Malcolm J. Howard.
Status Reports
- Posted on Wednesday, February 27 2008 at 10:39am
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A complaint is the document which states the claims brought in the lawsuit. Click here to review the
Amended Complaint (8 Amended Complaint.pdf 101KB) in this case.
- Posted on Wednesday, February 27 2008 at 10:41am
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The Answer is the defendant's response to the complaint in the case. Click here to review the
Answer in this case (11 20070601-Answer of Butterball, LLC.pdf 47KB).
- Posted on Wednesday, September 3 2008 at 5:05pm
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The Court has issued a very significant decision and order denying Butterball's argument that the North Carolina Wage and Hour Act claims are invalid. Butterball had attempted to persuade the Court that the NCWHA claims were pre-empted by the federal Fair Labor Standards Act. However, the Court noted that the NCWHA claims for unpaid work hours up to 40, unpaid minimum wage under state law, and unpaid time and one half of the promised wage under state law remained valid. Click here to review the Court's
Order on Summary Judgment (DE106 Order - Motion for Partial Summary Judgment.pdf 653KB). The plaintiffs have already moved for class certification and for permission to mail a collective action notice to all similarly situated class members. A decision is expected in the near future.
- Posted on Friday, November 14 2008 at 4:42pm
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The Court has now ruled that the case is to proceed as a class action for North Carolina Wage and Hour Act claims, and as a collective action for claims brought under the FLSA.
Click here to read the Court's decision. (114 Order Rule 23 Class Certification.pdf 975KB) The parties are given 15 days to agree to the form of a notice, which will be mailed shortly thereafter to the roughly 6,000 class members in English and Spanish.
