Volvo Plant Lawsuit: Were You Paid for Off-the-Clock Work?

A lawsuit has been filed claiming Volvo underpaid certain hourly employees at its manufacturing plants—and attorneys working with ClassAction.org now want to speak with more people who may have been affected to help strengthen the case.

Specifically, the lawsuit alleges that employees were not properly paid for off-the-clock work, including time spent putting on and taking off personal protective equipment before and after each shift. The federal Fair Labor Standards Act mandates that covered employees be paid at least minimum wage for all hours worked, including time spent on certain activities that are necessary for the performance of their jobs.

Why Might Volvo Plant Workers Be Owed Unpaid Wages?

The Fair Labor Standards Act (FLSA) specifies that employees must be paid for all time spent on “principal activities”—i.e., the tasks they are employed to perform—and any tasks that are essential to the performance of their principal activities.

In the following example, the Department of Labor specifies that putting on and taking off required safety gear may count as hours worked under the FLSA:

If an employee in a chemical plant cannot perform his or her principal activities without putting on certain protective clothes, changing clothes on the employer’s premises at the beginning and end of the workday would be a necessary part of the employee’s principal activities. The time spent in changing clothes would probably be hours worked.”

According to the lawsuit filed against Volvo, employees who work on the production floor are required to wear shop-approved team gear and certain personal protective equipment, such as safety boots, fire-proof jackets, coveralls, nylon cap coverings, safety glasses and bump caps. The case says Volvo requires workers to be ready at their workstations by the start of each shift and does not allow safety gear or equipment to be taken home. The plaintiff, who worked in the paint shop area, says he usually arrived at the plant 30 minutes before the start of his scheduled shift to have enough time to put on personal protective equipment and report to his workstation.

According to the lawsuit, Volvo employees are paid according to their scheduled shift times, not including any time spent performing work or related activities before or after their shift. As a result, the suit says, workers are owed significant amounts of unpaid wages for their off-the-clock work.

How Could a Lawsuit Help?

If the lawsuit is successful, current and former Volvo employees could recover money for any unpaid wages they may be owed, including regular and overtime pay. The lawsuit could also force Volvo to change how it tracks workers’ time and how they’re paid.

What You Can Do

After you fill out the form, an attorney or legal representative may reach out to you directly to ask you some questions about your experience and explain how you may be able to help strengthen the lawsuit against Volvo. It doesn’t cost anything to fill out the form or speak with someone, and you’re not obligated to take legal action if you don’t want to.

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