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.
Current and former hourly-paid production line workers (including Assemblers, Material Handlers, Team Leads, etc.) employed by Daimler Truck North America LLC at its Mount Holly, North Carolina plant at any time on or after May 18, 2017, who submitted Consent to Join forms on or before August 27, 2020.
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 (including Assemblers, Material Handlers, Team Leads, etc.) for work performed “off the clock” before and/or after their shifts. 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
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.
7/13/2020: A notice of the lawsuit was sent to eligible employees, who were given until August 27, 2020 to join the case by submitting Consent to Join forms.
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.