SOLARWORLD CLASS ACTION LAWSUIT

Makaneole v. Solarworld Industries America, Inc. et al

Case Number:   3:14-cv-01528-PK

Court Filed in:  US District Court for the District of Oregon

Current status:  Active case – the Court just certified it as a class action

Who is a class member? (Does this apply to you?)

All current and former hourly employees of Solarworld Industries America, Inc.; Solarworld Industries America, LP; Solarworld Industries Services, LLC; Solarworld Power Projects, Inc. (“Solarworld”) whose compensation was calculated based on the record of hours worked generated by SolarWorld’s electronic time and attendance system at any time during the time period between December 26, 2012, and August 26, 2014.

Nature of the Lawsuit

On or about August 26, 2014, Plaintiff filed a class action complaint alleging that Solarworld failed to pay all wages as required by Oregon State wage and hour laws to its employees working at the SolarWorld facility in Hillsboro Oregon during the Class Period. Plaintiff alleges that the unpaid wages were due to SolarWorld’s “5 Minute Rule” and short meal periods (“Claims”).

Certified Class Action Claims

The Court certified the following claims for class action resolution:
1. Unpaid Wages;
2 Unpaid overtime wages; and
3. Late payment of final wages.
The damages Plaintiff seek for each class are as follows:
1. All unpaid wages;
2. All unpaid overtime wages; and,
3. Either an overtime civil penalty or a late payment penalty wage for those class members whose employment ended. Both penalties are calculated as follows: (hourly rate * 8 hours * 30 days). For example, for an employee making $16.00 per hour, the penalty would be $3,840. ($16.00 * 8 * 30 = $3,840).

Solarworld denies all charges of wrongdoing and asserts various defenses to the class claims. These defenses include, but are not limited to, that the wages sought were de minimis, that all wages were paid, employees failed to report the wages, and Solarworld acted in good faith and was not willful.

Important documents:

1. Notice – Explanation of the case and your rights ordered by the Court.
2. Opt-Out Form – Court approved form to be get out of participation in the lawsuit.
3. Class Certification Order – Court allowing case to proceed as a class action.
4. Amended Complaint – Stating the claims brought in the case.
5. Answer to amended complaint– Solarworld’s denials and defenses.

You may remain in or opt-out of this Lawsuit

The Notice and Opt-Out Form have been mailed to class members at the last known address from Solarworld’s records.  To remain in the case you do not have to do anything. To exclude yourself from this case you must complete, sign and return an Opt-Out Form to:
Makaneole v Solarworld Administrator
c/o Rust Consulting Inc – 6342
PO Box 54
Minneapolis, MN 55440-0054

Your signed request to opt out must be postmarked no later than 30 days from November 15, 2018, which is the date this notice was mailed. Requests for exclusion that are not submitted on a timely basis, will be deemed null, void, and ineffective. Persons who are eligible to and do submit valid and timely requests for exclusion will not participate in any recovery under a Judgment or Settlement, nor will they be bound by any Judgment or terms of any Settlement, but are free to file your own lawsuit if allowed by law.

The Notice mailed to class members, and linked on this site, contains more detailed information regarding this case and your rights.

Google By David Schuck