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May 03, 2017

Three DuPont Workers Urge Supreme Court to Deny 3rd Circuit Overtime Offsetting Appeal

By: RDKInteractive

New York, PA – May 3, 2017: Three DuPont workers have asked the U.S. Supreme Court to deny E.I. du Pont de Nemours’ petition for certiorari. The petition requests a review of the Third Circuit’s decision that states DuPont is not permitted to evade overtime pay for time spent at work, before and after an employee’s shift, because the company paid them for meal breaks.

The facts of the case are as follows: Three workers at a DuPont plant in Pennsylvania are seeking compensation for time spent donning and doffing their gear before and after their shifts. DuPont requested the case be dismissed on grounds that DuPont’s policy provides paid meal breaks which could be used to offset time spent donning and doffing. In 2014, a trial judge ruled that the amount of paid non-work time exceeded the unpaid work time the employees were seeking compensation for, ultimately agreeing with DuPont and tossing out the case. On appeal, the Third Circuit Judge concluded that the Fair Labor Standards Act (FLSA) did not authorize the offsetting. Most recently, DuPont filed a petition for certiorari, asking the Supreme Court to rely on rulings in Williams v. Jacksonville Terminal Co. and Christensen v. Harris County. These Supreme Court decisions establish practices not specifically barred by the FLSA, such as using meal pay as a credit for overtime pay owed, as valid. The workers argue that DuPont’s petition misstate the Williams and Christensen rulings. It is also noted that the company failed to cite these rulings in support of its argument in the district court or in its appeal, therefore waiving the right to do so now.

The three DuPont workers are represented by Patricia Pierce of Greenblatt Pierce Funt & Flores, LLC and Thomas More Marrone of MoreMarrone LLC.

Attorney Patricia Pierce said, “These people have waited a very long time for this case to be resolved.” She hopes the Supreme Court will swiftly deny DuPont’s cert.

Founded over 20 years ago as an aggressive criminal defense law practice, Greenblatt Pierce Funt & Flores, LLC is an established, full-service law firm with experience attorneys skilled in all areas of criminal, employment, personal injury, civil rights, and family law. The firm has offices in Pennsylvania and New Jersey. For more information on the firm or its attorneys, please see or contact Ronald Greenblatt at 215.735.1600.

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