Kellogg Workers Represented by Nichols Kaster Win Two Motions

On September 26, 2011, the Court in Franklin v. Kellogg Co. ruled in favor of Plaintiffs on two motions.  First, it granted Plaintiffs’ motion for conditional certification of the case and authorized that notice of the action be sent to hourly production workers and operators from Kellogg’s Rossville, Memphis, Lancaster, Omaha, and Battle Creek plants.  This notice will give these current and former workers the opportunity to join this action to recover pay for time they spent walking from the changing area to the time clocks in Kellogg’s facilities.   Second, the Court denied Kellogg’s motion for summary judgment arguing that the walking time was insignificant, explaining that more discovery should be conducted before the Court could make that determination.  Kellogg must produce the list of potential plaintiffs to receive notice of the case and the opportunity to join in the next 30 days.