American Sugar Refining Failed to Pay Ohio Production Workers for Pre-Shift Prep Work, Suit Says

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A proposed class action lawsuit alleges American Sugar Refining, Inc. has failed to pay employees at its Cleveland production facility for time spent preparing to handle food products and for putting on and taking off protective gear.

The 11-page case more specifically claims that the defendant, who owns Domino Sugar, among other companies, requires workers at its Ohio production facility to wash their hands and put on sanitary clothing and other equipment before starting each shift yet fails to pay them for time spent doing so. Similarly, workers are required to clock out before removing their sanitary clothing and protective equipment at the end of each shift, the suit says.

Per the case, time spent on hygienic practices prior to handling food and putting on and removing required clothing and equipment is compensable work time under the Ohio Minimum Fair Wage Standards Act. The suit says that because American Sugar Refining workers normally put in more than 40 hours per week, the defendant owes them unpaid overtime wages for the roughly 10 to 15 minutes they spend per shift on these activities.

The lawsuit was filed by an American Sugar Refining worker who says that because he and other employees work in direct contact with foods, food-contact surfaces or food packaging, they must conform to certain hygienic practices, including washing their hands before starting work and each time they return from a break, putting on outer garments that protect against food contamination, and wearing hairnets and beard covers.

Per the case, these preparation activities are “integral and indispensable” to the employees’ work and cannot be avoided if they are to perform their jobs properly. As such, time spent on these activities counts as compensable work time under Ohio law, the suit argues.

American Sugar Refining workers, according to the case, should have been paid for every hour worked between their first principal activity of the day, i.e., putting on sanitary clothing, and their last principal activity, i.e., removing their protective clothing.

The lawsuit looks to represent current and former hourly employees of American Sugar Refining who worked in Ohio and were involved in the manufacturing, packaging or handling of food or food products and were required to don (put on) or doff (take off) sanitary clothing, and who worked 40 or more hours in any workweek at any time during the past two years and through the final disposition of this matter.

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