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KeyTronic EMS and CDR Manufacturing, Inc. d/b/a Ayrshire Electronics

Vang et al. v. KeyTronic EMS and CDR Manufacturing, Inc. d/b/a Ayrshire Electronics, Court File No. 0:17-cv-05408 (District of Minnesota)

On December 11, 2017, two former employees filed suit against their former employers, KeyTronic EMS and CDR Manufacturing, Inc. d/b/a Ayrshire Electronics (“Defendants”) in the United States District Court for the District of Minnesota.  The case was filed as a collective and class action under the federal Fair Labor Standards Act and Minnesota Fair Labor Standards Act.  The Complaint was brought on behalf of all employees who worked as warehouse associates, materials handlers, machine operators, assemblers, component prep handlers, or other similar job titles (collectively “manufacturing associates”).

The Complaint alleges that Defendants did not pay its manufacturing associates for all of their hours worked in violation of state and federal law.  Specifically, these employees were not paid for the time they spent putting on and taking off protective gear that they were required to wear to perform their job duties. They were also not paid for time spent waiting in line for clearance to work in a clean room. The named plaintiffs seek unpaid wages and liquidated (double) damages.

Type of Case

Unpaid Overtime/Minimum Wages

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Case Updates

  • April 18, 2018

    KeyTronic EMS and CDR Manufacturing, Inc. d/b/a Ayrshire Electronics – Unpaid Wage Lawsuit - Update April 18, 2018

    We have great news! We have reached a tentative settlement agreement with KeyTronicEMS in this case. Before any settlement money can be distributed, the court must first approve of the settlement, finding that it is a fair and reasonable resolution of this matter.  There are two steps to the approval process.  The first step is preliminary approval of the settlement, and the second is final approval. Please note that the Court must issue its final approval of the settlement before any money is distributed.

    We plan to submit our motion for preliminary settlement approval with the Court by May 30, 2018 (step one). If the Court issues its preliminary approval, we will send a notice to all individuals who are eligible to participate in the settlement. If you have any questions in the meantime, please contact our case clerk, Danielle Kahler, at 612-256-3214 or via email at dkahler@nka.com.

  • December 21, 2017

    Employees Represented by Nichols Kaster, PLLP File Lawsuit Against KeyTronicEMS and CDR Manufacturing, Inc. d/b/a Ayrshire Electronics for Alleged Unpaid Wages

    On December 11, 2017, two employees filed suit against their former employers, KeyTronicEMS and CDR Manufacturing, Inc. d/b/a Ayrshire Electronics (“Defendants”) in the United States District Court for the District of Minnesota.  The case was filed as a collective and class action under the federal Fair Labor Standards Act and Minnesota Fair Labor Standards Act.  The Complaint was brought on behalf of all employees who worked as warehouse associates, materials handlers, machine operators, assemblers, component prep handlers, or other similar job titles (collectively “manufacturing associates”).

    The Complaint alleges that Defendants did not pay its manufacturing associates for all of their hours worked in violation of state and federal law.  Specifically, these employees were not paid for the time they spent putting on and taking off protective gear that they were required to wear to perform their job duties. They were also not paid for time spent waiting in line for clearance to work in a clean room. The named plaintiffs seek unpaid wages and liquidated (double) damages.

    Brittany B. Skemp, an attorney for the Plaintiffs, stated, “often times employers think they can cut corners and not pay their employees for certain tasks, such as donning and doffing protective gear. But the time it takes to put this gear on adds up, and it is unfair that these employees do not get paid for this time. It is our hope we can recover these unpaid wages for our clients, and stop KeyTronicEMS from this practice in the future.”

    Plaintiffs are represented by Rebekah L. Bailey and Brittany B. Skemp of Nichols Kaster, PLLP in Minneapolis, and Richard A. Williams of R.A. Williams Law Firm, P.A. in St. Paul. The case is entitled, Vang et al. v. KeyTronicEMS and CDR Manufacturing, Inc. d/b/a Ayrshire Electronics. Case No. 0:17-cv-05408 (District of Minnesota).

    Additional information about the case can be found at www.nka.com or by contacting Nichols Kaster, PLLP toll free at (877) 448-0492.

Am I eligible?

Because this lawsuit arises under both federal and state law, you may have a qualifying state law claim, federal law claim, or both federal and state law claims.

Do I Have a Qualifying Federal Law Claim?

You are eligible to make a federal law claim in this case if you worked for Defendants at any time within the past three years and were not paid overtime (hours worked over 40 per week) for the time you spent doffing and doffing protective gear, and/or waiting in line at an ESD check-in station.

If you do not know whether you worked over 40 hours per week, please contact us.

Do I Have a Qualifying State Law Claim?

You may have a claim under Minnesota state law if you worked for Defendants as a manufacturing associate at Defendants’ Oakdale, Minnesota facility at any time during the last three years and were not paid for the time you spent donning and doffing protective gear, and/or for time spent waiting in line at an ESD check-in station.

If you do not know whether you have a state law claim, please contact us.

Additional Information

Is This a Class Action? What Does that Mean?

This case is both a potential collective action under federal law and a potential class action under Minnesota state law. This means that, depending on the type of claim you have, there may be a slightly different process for joining and participating in this suit. See below for more details on this process.

Though the process and terminology may differ slightly, the idea behind both a class and collective action is the same: it allows one or more people to sue on behalf of themselves and other people who have similar claims. In order to proceed as a group, though, the Court must certify the class and collective. Because we are in the early stages of the case, this has not happened yet, but we intend to seek the company’s agreement or file the motions at the appropriate times asking the Court to grant these certifications.

Which Locations Are Included?

This case includes all manufacturing associates who have worked for Defendants at its Oakdale, Minnesota location within the past three years.

How Do I Join This Case?

In order make a claim under the federal FLSA, you must complete a consent form and return it to our office. You can also sign up online by clicking here.

You do not need to fill out a consent form to make a claim under state law. If the Court certifies this case as a class action, you will receive a notice of the lawsuit. At that time, you will have the opportunity to opt-out of the case, if you desire to do so. If you do not opt-out, you will automatically be included in the lawsuit.

What Time Frame Does This Case Cover?

There is a federal time limit, called a statute of limitations, that allows workers to recover unpaid overtime wages within two years of the worker signing up to join the lawsuit by completing the consent form referenced above. If we can prove that Defendants willfully violated the law, the statute of limitations may be extended to three years.

Do I Have To Pay Anything?

You do not have to pay anything to the attorneys if you join the lawsuit. 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 a final judgment, and that payment will only come out of that settlement or final judgment.

How Do I Prove I Worked Overtime?

If you do have records of the hours you worked, please preserve and keep them until we ask you for them. However, you do not need to have records of your work hours to participate in this case. If Defendants did not keep accurate time records, most courts will permit you to estimate your work hours. Through this lawsuit, we will seek any records the company may have of your hours worked.

What About Retaliation?

It is against the law for an employer to retaliate against a person for joining a lawsuit to reclaim unpaid wages. If you currently work for Defendants and you believe you may be the victim of retaliation for joining or participating in this lawsuit, contact us immediately.

How Long Will This Case Take?

The length of this kind of lawsuit varies from case to case, but they typically last one to three years.

Is There Money Available Now?

No. This is a pending lawsuit. There is no money currently available and there is no guarantee that you will receive money for participating in the lawsuit.

How Can I Help?

If you or anyone you know have information that you believe may helpful to this case, please contact the case clerk, Danielle Kahler, at dkahler@nka.com or 612-256-3214.

How Do I Learn More?

To learn more about this case, feel free to contact the case clerk, Danielle Kahler, at dkahler@nka.com or 612-256-3214.

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