Defendant Trinity Packaging Corporation (“Trinity Packaging”), a subsidiary of ProAmpac LLC, manufactures plastic products for various business & industrial needs such as shipping, packaging, films, etc. Trinity Packaging maintains a principal executive office in Cincinnati, Ohio and operates plants in Buffalo, New York and Rocky Mount, Virginia.
Hourly-paid machine operators employed by Defendant at any time from September 30, 2016 to March 26, 2019, and all other hourly-paid production workers, including, among others, material handlers and forklift drivers, employed by Defendant at any time from April 11, 2017 to March 26, 2019
The Claims in the Lawsuit
The lawsuit alleges that Trinity Packaging maintained non-neutral rounding policy that impermissibly always rounded down time spent performing pre- and post-shift work and thus failed to pay production workers the federal mandated rate of one and one-half times their hourly rate for all hours worked over 40 per week.
5/21/2019 – The case was filed in the United States District Court for the Western District of New York, and has been assigned to the Honorable Lawrence J. Vilardo.
11/23/2020 – A Notice was sent to all hourly-paid machine operators employed by Defendant at any time from September 30, 2016 to March 26, 2019, and all other hourly-paid production workers, including, among others, material handlers and forklift drivers, employed by Defendant at any time from April 11, 2017 to March 26, 2019, who may join the case by submitting a Consent to Join Form on or before January 22, 2021.
Frequently Asked Questions
Can Defendant discipline or fire me if I join the case?
No! The Fair Labor Standards Act prohibits retaliation and imposes harsh measures against employers who retaliate. For further information, please consult the Department of Labor’s Fact Sheet.
Will I have to testify or provide documentary proof?
Not necessarily. Many employees obtain monetary recoveries in Fair Labor Standards Act cases without ever having to appear at court or for depositions.
You are not required to provide documentary proof of your unpaid wages. In most cases, the employer is required to provide the employee’s payroll records to the employee and his or her attorney. In fact, the Fair Labor Standards Act mandates that employers keep accurate time and payroll records. The employer cannot escape this duty by requiring you as the employee to provide proof.
However, it is still important that you preserve any physical or electronic evidence relating to the case that you currently possession.
Will Brown, LLC be my attorneys?
Employees who sign Retainer Agreements and/or Consent to Sue forms will be represented by Brown, LLC with respect to the lawsuit and claims described above.
You will not be required to pay any attorneys’ fees or court costs to the Plaintiffs’ lawyers at this time and not pay any attorneys’ fees unless you prevail. Rather, in the event the Plaintiffs prevail in the lawsuit, by either judgment or settlement, the Plaintiffs’ attorneys will request that the Court order Defendant(s) to pay the Plaintiffs’ lawyers their reasonable attorneys’ fees and reimburse them for any expenses.
How long will the case take?
It is very difficult to predict exactly how long a case will take. It depends on a variety of factors including the number of parties and claims involved, the rules and pace of the court, the complexity of the proofs, and the manner in which the employer defends the case.
When and if a settlement is reached, additional time is needed to prepare settlement documents, calculate settlement allocations, and seek and await the court’s review and approval of the settlement. Wage-and-hour cases typically take 2-3 years, but this can be shorter or increase considerably.