Free Motion for Reconsideration - District Court of Delaware - Delaware

Case 1 :04-C 4§4- Docu nt 3- File 8/ 1/2008 I Pa e 1 of 2
- . POl'IVIIEgE§ { DOHIIJEHEIEI
Q DOL AUDIT REVIEW
March 21, 2001
DOL . Mountaire I
l-lap Perry _ Dee Ann Landreth
Jim Kessler 202.693.0508 ( Mike Tirrell
Carol Stribling 704.334.6307 John Wise
- Mark Reif
Audit Period
May 1998 - May 2000 .
Hap Perry said they will not give us anything in writing. We can request audit results
. through FOIA, but they will deny lt.
1. FMLA —-I OK `
2. Child Labor — OK I
3. Minimum Wage — DOL claims we are "training" new catcllers on the job, but ·
not paying them (2 workers, 3 days each). Catchers; We could find no
evidence of this. .
_- 4. QLIL — Catchers should be paid O.T. Drivers and forklift not. l-louse-to-
house travel is compensable for hours worked. Crew leaders should also b
` aid OT because the are not sala .- We can solve this by making salary.
_ lf crew leaders provide transportation due to MSWD need:
I Drivers License
` . Physical (and carry w/driver)
Vehicle inspection
Ins. Req. ($100,000 per seat)
” • MSWPA — disclose conditions of employment at time of offer ·— posting O
requirement (in van).
I • Pay stub should have name and employer federal i.D. =
· 5. — 1) PPE if people buy products and that causes their wages to fall .
- beiowminimum wage, that is a violation.
I - lf you charge over the actual cost, if the profit is a violation.
I 6. Maint. Bonus — needs to be included in straight time pay in or - I- - -- - _ _ 1 ·
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Case 1:04-cv-00414-SLR Document 123-6 Filed 08/01/2008 Page 2 of 2 an I
. . Privileged & Confidential
7. @@5 exempt/non exempt. (DOL considers the following positions non-
exempt):
1. NS. Nurse `
2. Office Mgr- Trans (Pat Beasley)
I 3. Trainers (3)
4. Safety Coordinator
5. Administrative Assistant (3), Robin P., Rafael V, Karen W.
· 6. Benefits Manager — Maria Voss
_ 7. N.S. i—|.R. Mgr- Conchita Raga
8. Pre Shift Preparatory Activities · l
1. Denning, waiting in line.
2. Maint. Men — finding out from previous shift what happened during that
i shift.
l 9. Brggs
1. 30 min break — washing, dofflng, break time, donning = < 30 min.
C 10. Post Shift Concluding Activities
1. Wash, remove PPE _ I
. 11. Record Keeping - _
- O 1. inaccurate hours worked line employees and catchers. -
12. in exchange not to sue us, DOL wants: -
1. Assurance of future compliance (corporate wide). r
2. What specific steps will we take to assure compliance?
* lf we achieve compliance with 1 & 2, then we will discuss how much back
pay. .
Back pay discussion (donning, dofling & 30 min 1 lunch) = one hour per day,
l 5 hours/week.
** Check the 401k eligibility for "live haul contractors" that DOL now says are
employees.
Fox vs Tyson case (North Alabama?)
` "l-lot Goods" _ l `
DOL says that Pension Plan Group is looking at this issue (employees- Live
_ Haul) l `
- _ D00321

Case 1:04-cv-00414-SLR

Document 123-6

Filed 08/01/2008

Page 1 of 2

Case 1:04-cv-00414-SLR

Document 123-6

Filed 08/01/2008

Page 2 of 2