Defendant Daimler Trucks North America is a is an automotive industry manufacturer of commercial vehicles with factories throughout the country, including in Mount Holly, North Carolina.
The Claims in the Lawsuit
Failure to Pay for Work Performed “Off the Clock”
The complaint alleges that Daimler failed to pay hourly-paid production line workers for work performed “off the clock” before and after their shifts, and during their meal breaks. The complaint seeks unpaid overtime wages under the Fair Labor Standards Act (“FLSA”) for all such work that occurred over 40 hours in a workweek, as well as unpaid wages at straight-time under the North Carolina Wage and Hour Act (“NCWHA”)
Failure to Provide Advance Notice of October 2019 Mass Layoff
The complaint further alleges that in October 2019, Defendant laid off over 500 other full-time employees at its Mount Holly, North Carolina plant. According to the complaint, Daimler was required under the WARN Act to provide the laid-off employees at least 60 days advance notice, but failed to do so.
10/17/2019: The Complaint was filed in the United States District Court for the Western District of North Carolina, and has been assigned to the Honorable Judge Robert J. Conrad.
How to Participate
To be eligible to recover unpaid overtime wages under the FLSA for work performed “off the clock” as an hourly-paid production line worker within the last 3 years, you must complete a “Consent to Join” form, which you can obtain HERE.
There is a possibility the Court will certify the claims under the North Carolina Wage and Hour Act and/or the WARN as a class action, on behalf of the following class of employees:
The NCWHA Class: All persons who worked as hourly-paid production line workers at Defendant’s Mount Holly, North Carolina production plant at any time within the period of the two (2) years prior to the commencement of this action through the date of judgment.
The WARN Act Class: All persons employed by Defendant at its Mount Holly, North Carolina production plant who were laid off by Defendant in October 2019.
If a class is certified, persons who fall within the class will be notified they are covered and will automatically be included in this case unless they “opt out.”
If you are interested in participating in this case or have further questions, please contact our office by emailing “FLSAGroup@jtblawgroup.com or calling (877) 561-0000.
Frequently Asked Questions
Can Defendant discipline or fire me if I join the case?
It is against the law for an employer to retaliate against a person for joining a lawsuit to reclaim unpaid wages. If you suffer retaliation, you may have additional claims. If you work for Daimler and you believe you may be the victim of retaliation for joining this lawsuit, contact us immediately.
Will I have to testify or provide documentary proof?
If you have records relating to your work with Daimler, please keep them until we ask you for them. However, you do not need to have records of your work hours to be included. If Daimler did not keep accurate time records, most courts will permit you to make a “good faith” estimate of your work hours. We will seek any records the company has of your hours worked. Please ensure you do not destroy any documents or data you have that relate in any way to your work for Daimler.
Do I have to pay anything?
No, you will not have to pay us anything out of your own pocket. We are handling this case on a contingency basis. This means we will only be paid if the lawsuit is successful in obtaining relief either through a settlement or an award, and that payment will only come out of that settlement or award.
How long will the case take?
The length of this kind of lawsuit varies from case to case, but they typically last one to three years.