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Workers file suit against Texas Instruments

Discussion in 'Intel' started by TI Inside, Nov 18, 2005.

  1. TI Inside

    TI Inside Guest

    http://www.dfw.com/mld/dfw/13192648.htm

    Posted on Thu, Nov. 17, 2005

    Workers file suit against Texas Instruments

    By AMAN BATHEJA

    Star-Telegram Staff Writer


    Two Texas Instruments workers have filed a class-action lawsuit against the
    company for violations of the Fair Labor Standards Act.
    Wilford Vogt of Irving and James Gauthier of Denison charge in a federal
    lawsuit filed Tuesday that Texas Instruments required employees in its "fab
    facilities" to regularly work shifts of 12 hours and longer but only paid
    for 11.5 hours at work. The suit alleges employees are due 32-42 minutes per
    day of unpaid overtime.

    According to the suit, the unpaid work stems from a list of activities
    employees were required to complete before starting their shift and a
    briefing employees had to attend at the end of their shift. Shifts don't
    officially start at the facilities until after employees have changed from
    their street clothes to clean suits, as well as switching shoes, putting on
    hair nets, washing hands, donning gloves and passing through an air shower,
    according to the suit.

    It was not clear from the lawsuit whether Vogt and Gauthier are still
    employed by TI. Gauthier declined comment when contacted this morning. A
    number listed in the court filing for Vogt is no longer connected.

    The suit claims Texas Instruments uses card readers to account for when
    employees are on site, yet never pays more than eight hours of regular pay
    and 3.5 hours of overtime per shift.

    Earlier this month, the Supreme Court ruled companies must pay employees for
    the time it takes to change into protective clothing and safety gear and
    walk to their work stations in a case that stemmed from workers at a meat
    processing plant.


    --------------------------------------------------------------------------------
    Aman Batheja, (817) 390-7695

    ==================================
    http://www.eet.com/news/semi/showArticle.jhtml?articleID=174300988

    TI fab workers want overtime pay for suiting up


    Dylan McGrath
    EE Times
    (11/17/2005 4:07 PM EST)


    SAN FRANCISCO - Two Texas Instruments employees have filed a collective
    action civil lawsuit charging TI with failure to pay overtime wages legally
    due employees for the time spent donning protective clothing and other
    preparations required for a cleanroom environment.
    According to the suit, filed Tuesday (Nov. 15) in a U.S. District Court in
    Texas, TI does not pay fab workers for approximately 32 to 42 minutes per
    day spent smocking, un-smocking, changing shoes, participating in "pass
    down" briefings and other required activities.

    The plaintiffs charge that TI's policy is in violation of the U.S. Fair
    Labor Standards Act of 1938.

    The plaintiffs' attorney, David Watsky of Dallas-based Gillespie, Rozen,
    Watsky, Motley, and Jones, said the suit has precedent. In 2004, the Ninth
    Circuit Court of Appeals held that workers at Wacker Siltronic Corp.'s
    Oregon fabs were entitled to pay for such activities.

    Watsky said he has not yet received a reply from TI, and that he does not
    expect the company's response for at least two weeks.

    The plaintiffs are seeking unpaid overtime and a change to the company's
    policy.

    According to the suit, though TI requires fab employees to use cards and
    card readers to account for on-site time, but the company pays employees
    only for 11.5 hours per day - eight hours at a regular rate and 3.5 hours of
    overtime.

    A spokesperson for TI said the company would not comment on the pending
    litigation, but that the company believes its pay practices are in line with
    existing law and plans to vigorously defend them. By paying employees
    overtime after eight hours even though employees work a "compressed"
    schedule, TI believes it is actually paying employees at a higher rate than
    required too by law, the spokesperson said.
     
    TI Inside, Nov 18, 2005
    #1
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