Nuts and bolts of a wage and hour class settlement

Texas Lawyer Newspaper reports that the plaintiffs in a donning and doffing case (Vogt v. Texas Instruments Inc., No. 3:05-cv-02244 ) recovered $355,000 in allegedly unpaid overtime.

The newspaper's report is somewhat true....

According to the COMPROMISE AND SETTLEMENT AGREEMENT AND RELEASE filed with the court, the 71 plaintiffs actually recovered about $65,000, or about $650 each after taxes, in back wages.

The plaintiff's attorneys recovered $290,000 in attorney and court fees.


FYI, in the case the lead plaintiff Wilford Vogt claimed that Texas Instruments failed to pay him and other similarly situated employees overtime wages from November 2002 through 2005, alleging that they were not compensated for time spent changing in — and out of — protective gear. This practice allegedly took 32 to 42 minutes each shift and was necessary before entering — and after leaving — designated “clean” manufacturing rooms.

The plaintiffs said that they were only compensated for 11.5 hours of work on 12-hour shifts. Texas Instruments contended that it complies with the law, noting its generous pay policies, which reportedly exceed legal requirements.
TI.pdf