South Carolina poultry production line workers have reportedly sued their employer, claiming they are not paid for the time they spend donning and removing safety gear. According to a news source, the complaint alleges that this can extend a worker’s shift by some 75 minutes each day. The employees also alleged that they are required to stand in line before clocking in to start their shifts so they can purchase the protective gear they need, such as gloves, hair nets, face masks, earplugs, and arm sleeves. Apparently, this gear is damaged regularly while in use, so the workers must buy the supplies at the worksite with a company debit card several times each week. The employer has reportedly countered that it “does not consider time spent in line for supplies and time donning and doffing the minimal gear as compensable time.” According to the company, which was recently indicted for…
Category Archives 4th Circuit
A trade group representing bottled water producers, distributors and suppliers has filed a lawsuit in federal court against Eco Canteen Inc., a stainless steel bottle manufacturer, “for engaging in a deliberate scare campaign to mislead and deceive the public” about the purported health and environmental risks associated with plastic bottle use. Int'l Bottled Water Ass'n v. Eco Canteen Inc., 09-299 (W.D.N.C., filed July 22, 2009). According to the International Bottled Water Association (IBWA), Eco Canteen has made several false and misleading claims about both single-serve and reusable plastic bottles that included likening these products to poison and linking them to breast and prostate cancer. This “viral” marketing campaign was allegedly designed “to be picked up and disseminated by third parties” despite IBWA’s repeated requests for corrective action. The complaint also notes that the defendant “purposefully matches images of single-serve recyclable plastic bottles with its claims relating to an organic compound…
A federal court in the District of Columbia has dismissed a lawsuit filed by California almond growers, handlers and grower-handlers against the U.S. Department of Agriculture (USDA) challenging an agency regulation that requires handlers to treat raw almonds grown and sold in the United States to reduce the risk of Salmonella contamination. Koretoff v. Vilsack, No. 08-1558 (D.D.C., decided March 9, 2009). Without addressing the merits of the complaint, the court granted the USDA’s motion to dismiss, finding that the plaintiffs failed to exhaust their administrative remedies, which would have required petitioning the USDA secretary before bringing their action in court, as mandated by statute. Since September 2007, all domestic almonds intended for sale in the United States must be pasteurized by either proplylene-oxide fumigation or steam heat. Growers and handlers reportedly complain that unpasteurized raw almonds demand higher prices, up to 40 percent more, and that foreign suppliers, who are…
ConAgra Foods, Inc. has reportedly filed a lawsuit against its umbrella insurer, seeking coverage for the claims that were filed by people who alleged injury from a Salmonella outbreak in 2007 linked to the company’s Sylvester, Georgia, peanut butter processing facility. ConAgra Foods, Inc. v. Lexington Ins. Co., No. 09C-02-170 (Del. Super Ct., New Castle Cty., filed February 19, 2009). The complaint alleges that Lexington Insurance Co. has failed to pay for any of the 2,400 claims settled or resolved to date. ConAgra reportedly anticipates an additional 20,000 cases from the outbreak. According to a news source, the company is seeking a declaratory judgment, compensatory and punitive damages, interest, and attorney’s fees. See Product Liability Law 360, February 24, 2009.
