Kimberly-Clark class action overview:
- Who: Two Kimberly-Clark employees are suing their employer.
- Why: The plaintiffs say the company has been underpaying them and others.
- Where: The Kimberly-Clark class action was filed in a Wisconsin federal court.
Kimberly-Clark ran a scheme to underpay its Wisconsin workers using various different tactics, a new class action lawsuit alleges.
Plaintiffs Steven Roffers and Bryan Lehner filed the class action complaint against Kimberly-Clark USA LLC on Jan. 12 in a Wisconsin federal court, alleging violations of the Fair Labor Standards Act (FLSA).
Both plaintiffs are hourly paid employees at Kimberly-Clark’s Kimtech Plant in Wisconsin.
According to the lawsuit, Kimberly-Clark routinely underpaid them and others by using a system that ensured its employees’ punch times were always rounded in its favor.
The lawsuit states the timekeeping practice paid them based on rounded times to the quarter hour, rather for the exact number of hours and minutes they worked.
They plaintiffs say they were also required to come to work 10 minutes early for job details, allegedly unpaid.
“Upon information and belief Kimberly-Clark programmed its timekeeping software so that all punch outs between 8 and 14 minutes after a quarter hour were always rounded to the previous quarter hour, rather than to the nearest hour,” the lawsuit alleges.
Kimberly-Clark short-changed employees in overtime, lawsuit alleges
Kimberly-Clark also failed to use the regular rate method to compute its employees’ overtime pay during workweeks in which the employees received a shift premium for some, but not all, of the hours they worked during the week, the lawsuit alleges.
The plaintiffs would have “received more overtime pay had Kimberly-Clark used the regular rate to compute their overtime pay,” the lawsuit alleges.
Kimberly-Clark also failed to include profit sharing 401(k) contributions in computing its employees’ regular rate, the lawsuit alleges.
The plaintiffs are suing on behalf of all other hours paid Wisconsin employees of Kimberly-Clark who were allegedly harmed by the practices named in the lawsuit since 2021.
They are suing for violations of the FLSA and seeking recovery of their overtime wages, damages, fees and costs.
Last week, Rocket Mortgage was hit with a class action lawsuit alleging it failed to properly pay its bankers overtime for their hours worked in excess of 40 during a given workweek.
Have you worked for Kimberly-Clark? Let us know in the comments.
The plaintiffs are represented by Yingtao Ho of The Previant Law Firm SC.
The Kimberly-Clark class action lawsuit is Steven Roffers, et al. v. Kimberly-Clark USA LLC, Case No. 2:23-cv-00049-JPS, in the U.S. District Court for the Eastern District of Wisconsin.
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