Materion Fails to Pay Workers for Time Spent Putting On, Taking Off Protective Gear, Lawsuit Claims

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Materion Brush Inc. and Materion Corporation face a proposed collective action in which an employee claims he and similarly situated workers have not been properly compensated for the time it takes to put on and take off protective gear needed for each shift.

According to the suit, Materion produces high-performance advanced engineering materials, including metal alloys containing beryllium. Due to the hazardous nature of beryllium, production workers at the defendants’ manufacturing facilities are required to wear company-issued protective clothing and safety gear during their shifts to prevent them from inhaling or contacting the material, the suit says.

Per the complaint, the protective clothing includes what’s known as “brush blues,” which consist of long pants and long-sleeve shirts, underwear (for men), undershirts, socks, metatarsal shoes/boots, belts, face shields, respirators or battery operated helmets, safety glasses, ear plugs, gloves, and skull caps. The gear must be donned before employees enter the production area, and the workers are required to doff the clothing, shower, and change into clean clothes after leaving the production area and before exiting the facility, the complaint relays.

The lawsuit claims employees spend “substantial amounts of time” each day donning and doffing protective equipment, walking to and from the locker room and production area, and showering after each work shift. Nevertheless, the workers are not paid for the entirety of the time spent on these activities and instead paid based on their scheduled shift start and end times, i.e. 7:00 a.m. to 3:30 p.m. with a 30-minute unpaid lunch period, the case alleges.

The plaintiff says employees spend anywhere from 15 to 20 minutes each on pre-shift and post-shift activities but are only paid for a portion of that time. According to the case, Materion’s employee handbook stipulates that workers must arrive in the production area by six minutes after their shift starts and are provided 12 minutes before the end of each shift to shower and change clothes. Per the suit, though, this simply isn’t enough time for workers to do what they are required.

“However, as described above, it takes Plaintiff and the production employees significantly longer than 18 minutes to complete their donning, doffing, walking and showering activities,” the complaint argues.

Materion’s timekeeping system, the case says, fails to account for all of the time workers spend donning and doffing their protective gear, walking between the locker room and production area, and showering, which the suit describes as “principal work activities” that are compensable under the Fair Labor Standards Act.

“The process of donning and doffing the PPE [personal protective equipment] is compensable because Defendants and government regulations require Plaintiff and the production employees to wear the PPE during their work shifts and to don and doff the PPE at the worksite,” the complaint states.

Materion’s failure to compensate workers for the total time they spend on donning and doffing, walking, and showering activities cuts into the employees’ pay, resulting in unpaid regular and overtime wages, the case alleges.

The lawsuit claims Materion “knew or could have easily determined” the amount of time it takes workers to complete their pre- and post-shift activities and could have compensated them for this time, but “deliberately chose not to.”

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