Litigation Update:
08-06-08 6 new plaintiffs file consents to join the lawsuit
(95 plaintiffs total)
07-30-08 14 new plaintiffs file consents to join the lawsuit
(89 plaintiffs total)
07-22-08 5 new plaintiffs file consents to join the lawsuit
(75 plaintiffs total)
07-18-08 5 new plaintiffs file consents to join the lawsuit
(70 plaintiffs total)
07-16-08 5 new plaintiffs file consents to join the lawsuit
(65 plaintiffs total)
07-15-08 43 new plaintiffs file consents to join the lawsuit
(60 plaintiffs total)
05-28-08 Court grants class certification
04-07-08 1 new plaintiff files consent to join the lawsuit
(17 plaintiffs total)
04-03-08 1 new plaintiff files consent to join the lawsuit
(16 plaintiffs total)
01-08-08 1 new plaintiff files consent to join the lawsuit
(15 plaintiffs total)
12-26-07 2 new plaintiffs file consents to join lawsuit
(14 plaintiffs total)
12-19-07: 1 new plaintiff files consent to join the lawsuit
(12 plaintiffs total)
12-18-07: 1 new plaintiff files consent to join the lawsuit
(11 plaintiffs total)
12-17-07: 2 new plaintiffs file consents to join the lawsuit
(10 plaintiffs total)
12-16-07: Plaintiffs file motion asking the Court to certify the
lawsuit as a collective action and to order that notice
letters be mailed to all members of the International
Union of Operating Engineers Local No. 564
12-14-07: 2 new plaintiffs file consents to join the lawsuit
(8 plaintiffs total)
12-04-07: 5 new plaintiffs are added to the lawsuit
(6 plaintiffs total)
Summary of Dow Overtime Litigation
On October 9, 2007, the law firm of Warren & Siurek, LLP filed a
lawsuit in Galveston, Texas against The Dow Chemical Corporation
(“Dow”) on behalf of Roy Maynor, a former Dow operator. The
lawsuit is the result of an investigation performed in connection with
the skills initiative training program imposed upon Dow employees.
In short, we contend that Dow made employee participation in the
skills initiative training program mandatory through the collective
bargaining agreement between Dow Chemical Company and the
International Union of Operating Engineers effective May 14, 2003,
without agreeing to compensate employees for their time spent
actually participating in the skills initiative program. As a result, we
contend that Dow employees have spent numerous hours in
mandatory testing and training without compensation.
The lawsuit contends that federal law prohibits Dow from requiring
its employees to participate in mandatory training programs without
compensation. Further, the lawsuit contends that if the hours spent
in training were in addition to forty (40) hours worked in a particular
workweek, all such hours should be compensated at one and one-
half times an employee’s regular rate of pay.
Any Dow employee who has participated in the skills initiative
program after November 1, 2004 is potentially eligible to participate
in the lawsuit because you may be “similarly situated” to the named
Plaintiff. Your eligibility to join the lawsuit is not necessarily affected
by the acceptance of a partial payment from Dow for your
participation in the skills initiative program.
How to Join the Lawsuit
If you would like to participate in the lawsuit, complete the Consent
to be Party Plaintiff and return it to our office via fax, email, or
regular mail. Should you have any questions about the lawsuit or
how participation in the lawsuit may affect you, please contact us
and we will ensure the confidentiality of your inquiry.
Can Dow Retaliate Against Me?
The Fair Labor Standards Act prohibits Dow from retaliating against
any current or former employee who elects to participate in any
proceeding protecting their rights provided under the law.
08-06-08 6 new plaintiffs file consents to join the lawsuit
(95 plaintiffs total)
07-30-08 14 new plaintiffs file consents to join the lawsuit
(89 plaintiffs total)
07-22-08 5 new plaintiffs file consents to join the lawsuit
(75 plaintiffs total)
07-18-08 5 new plaintiffs file consents to join the lawsuit
(70 plaintiffs total)
07-16-08 5 new plaintiffs file consents to join the lawsuit
(65 plaintiffs total)
07-15-08 43 new plaintiffs file consents to join the lawsuit
(60 plaintiffs total)
05-28-08 Court grants class certification
04-07-08 1 new plaintiff files consent to join the lawsuit
(17 plaintiffs total)
04-03-08 1 new plaintiff files consent to join the lawsuit
(16 plaintiffs total)
01-08-08 1 new plaintiff files consent to join the lawsuit
(15 plaintiffs total)
12-26-07 2 new plaintiffs file consents to join lawsuit
(14 plaintiffs total)
12-19-07: 1 new plaintiff files consent to join the lawsuit
(12 plaintiffs total)
12-18-07: 1 new plaintiff files consent to join the lawsuit
(11 plaintiffs total)
12-17-07: 2 new plaintiffs file consents to join the lawsuit
(10 plaintiffs total)
12-16-07: Plaintiffs file motion asking the Court to certify the
lawsuit as a collective action and to order that notice
letters be mailed to all members of the International
Union of Operating Engineers Local No. 564
12-14-07: 2 new plaintiffs file consents to join the lawsuit
(8 plaintiffs total)
12-04-07: 5 new plaintiffs are added to the lawsuit
(6 plaintiffs total)
Summary of Dow Overtime Litigation
On October 9, 2007, the law firm of Warren & Siurek, LLP filed a
lawsuit in Galveston, Texas against The Dow Chemical Corporation
(“Dow”) on behalf of Roy Maynor, a former Dow operator. The
lawsuit is the result of an investigation performed in connection with
the skills initiative training program imposed upon Dow employees.
In short, we contend that Dow made employee participation in the
skills initiative training program mandatory through the collective
bargaining agreement between Dow Chemical Company and the
International Union of Operating Engineers effective May 14, 2003,
without agreeing to compensate employees for their time spent
actually participating in the skills initiative program. As a result, we
contend that Dow employees have spent numerous hours in
mandatory testing and training without compensation.
The lawsuit contends that federal law prohibits Dow from requiring
its employees to participate in mandatory training programs without
compensation. Further, the lawsuit contends that if the hours spent
in training were in addition to forty (40) hours worked in a particular
workweek, all such hours should be compensated at one and one-
half times an employee’s regular rate of pay.
Any Dow employee who has participated in the skills initiative
program after November 1, 2004 is potentially eligible to participate
in the lawsuit because you may be “similarly situated” to the named
Plaintiff. Your eligibility to join the lawsuit is not necessarily affected
by the acceptance of a partial payment from Dow for your
participation in the skills initiative program.
How to Join the Lawsuit
If you would like to participate in the lawsuit, complete the Consent
to be Party Plaintiff and return it to our office via fax, email, or
regular mail. Should you have any questions about the lawsuit or
how participation in the lawsuit may affect you, please contact us
and we will ensure the confidentiality of your inquiry.
Can Dow Retaliate Against Me?
The Fair Labor Standards Act prohibits Dow from retaliating against
any current or former employee who elects to participate in any
proceeding protecting their rights provided under the law.
| Warren & Siurek, L.L.P. 713-522-0066 Dow Chemical Overtime Lawsuit |
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| Warren & Siurek, L.L.P. 3355 W. Alabama Suite 1010 Houston, TX 77098 713-522-0066 Telephone 713-522-9977 Fax www.warrensiurek.com To send an email to Warren & Siurek, L.L.P. select this link. |
| Lawsuit Update 08/06/2008 >>>>>>> |