United States District Court, S.D. Indiana, Terre Haute Division
FANNIE M. KOLISH, KEVIN GRAVES, Plaintiffs,
METAL TECHNOLOGIES, INC., Defendant.
Jane Magntts-Stinson, Chief Judge.
this Court declined to certify a proposed subclass in the
related pending matter Weil v. M Technologies, Inc.,
2016 WL 286396 (S.D. Ind. 2016), Plaintiffs Fannie Kolish and
Kevin Graves filed a Complaint in this case against Defendant
M Technologies, Inc. (“M Technologies”).
The operative First Amended Complaint asserts claims against
M Technologies for failure to pay wages under the Fair Labor
Standards Act (“FLSA”) and the Indiana
Wage Payment Statute (“IWPS”).
[Filing No. 82.] Presently pending before the Court
is M Technologies' Motion for Summary Judgment.
[Filing No. 86.] For the reasons that follow, the
Court GRANTS IN PART and DENIES IN
PART M Technologies' Motion.
Technologies is a manufacturing facility located in
Bloomfield, Indiana that manufactures automobile parts for
companies such as General Motors, Chrysler, Hyundai, and
Honda. [Filing No. 87-1 at 7.] Manufacturing
employees work one of three shifts: first shift, from 7:00
a.m. to 3:30 p.m.; second shift, from 3:00 p.m. to 11:30
p.m.; or third shift, from 11:00 p.m. to 7:30 a.m.
[Filing No. 87-1 at 10.] The shifts overlap by 30
minutes, and during that overlapping time, employees are
relieved of their duties by the next shift's employees,
and they use the remaining time to clean up their work areas
and exchange information about the previous shift.
[Filing No. 87-3 at 11-2; Filing No. 87-4 at 16-17.]
Ms. Kolish worked for M Technologies as a parts inspector on
the first shift, beginning at 7:00 a.m. [Filing No.
87-3 at 6; Filing No. 87-3 at 12.] Mr. Graves worked as an
inspector on the “Theta cell, ” initially during
the third shift, and eventually on the first shift. [Filing
No. 87-4 at 8; Filing No. 87-5 at 3.]
Technologies used an electronic time clock to record the time
that each employee clocked in and out. [Filing No. 89-2
at 58.] On weekdays, employees were required to take a
30-minute unpaid lunch break, for which they were instructed
to clock in and out. [Filing No. 89-2 at 58; Filing
No. 89-4 at 10; Filing No. 89-4 at 63.] M Technologies did
not calculate employees' pay based on their time-clock
punches, but instead paid employees based on their scheduled
shift times, minus an automatically deducted thirty-minute
lunch break. [Filing No. 87-1 at 11.] So employees
were typically paid for eight working hours per day.
[Filing No. 87-1 at 11.] Kirbie Conrad, M
Technologies' Human Resources Manager, orally informed
employees at the beginning of their employment that if they
worked beyond their scheduled shift times, they should
complete an overtime authorization form. [Filing No.
87-2 at 2.]
Technologies had an Employee Manual (the
“Manual”), which was provided to and
discussed with all new employees. [Filing No. 87-2
at 3; Filing No. 87-1 at 14-15.] The first page of the Manual
states that “[t]he policies in this Manual are to be
considered guidelines. M Technologies, Inc. (MTI), at its
option, may change, delete, suspend or discontinue any part
or parts of the policies in this Manual at any time without
prior notice. … Employees may not accrue eligibility
for monetary benefits that they have not earned through
actual time spent at work.” [Filing No. 87-2 at
3.] The Manual also included the following sections
relevant to the instant motion:
Our regular office hours are 7:30 a.m. to 5:00 p.m., Monday
through Friday. Your particular hours of work and the
scheduling of your lunch period will be determined and
assigned by your Plant Manager or shift supervisor. Most
employees are assigned to work a 40-hour workweek. You are
required to take a 30-minute unpaid lunch period daily.
Please understand that you may not "work though
lunch" in order to arrive late or to leave early or to
work extra time, unless approved by the Plant Manager.
[Filing No. 89-2 at 7];
Work Schedule & Rules
The normal workweek consists of five (5) days, eight (8)
hours long, Monday through Friday. You will be notified
promptly whenever a change is necessaiy. Should you have any
questions concerning your work schedule, please ask your
shift supervisor or Plant Manager.
[Filing No. 89-2 at 38];
Error in Pay
Every effort is made to avoid errors in your paycheck. If you
believe an error has been made, tell accounting immediately.
He or she wilt take the necessary steps to research the
problem and to assure that any necessary corrections are made
properly and promptly. We will then adjust your check the
[Filing No. 89-2 at 56];
From time to time, it may be necessary for you to perform
overtime work in order to complete a job on time. The Plant
Manager must approve all overtime in advance. When it is
necessary to work overtime, you are expected to cooperate as
a condition of your employment. There are two types of
• Scheduled Overtime: Scheduled overtime work is
announced in advance and generally will involve an entire
department or operation. This type of overtime becomes pail
of the required workweek of the people who are members of the
department or operation. If you need to be excused from
performing scheduled overtime, please speak with your group
leader or Shift Supervisor. He or she will consider your
situation and the requirements of the department or operation
in deciding whether you may be excused from performing the
• Incidental Overtime: Incidental overtime is not
scheduled; it becomes necessary in response to extenuating
circumstances. It is extra time needed to complete work
normally completed during regular hours. Incidental overtime
may become necessary
when an illness or emergency keeps co-workers from being at
work as anticipated. It may require you to return to the
workplace for emergency work. The opportunity to perform
incidental overtime will be given first to the employee who
normally performs the task. If that employee cannot perform
the overtime, the Plant Manager will offer the overtime to a
suitably qualified person who is available to perform the
You will be paid one and one-half (1-1/2) times your regular
hourly wage for any time over forty (40) hours per week that
you work. If, during that week, you were away from the job
because of a paid holiday or vacation taken in single-day
increments those hours will he counted as hours worked for
the purpose of computing eligibility for overtime pay.
[Filing No. 89-2 at 56-57];
Time Clock Records
By law, we are obligated to keep accurate records of the time
worked by employees. This is doDe by either time clocks or
other written documentation.
Your time punch is the only way the payroll department knows
how many hours you worked and how much to pay you. Your time
punch indicates when you arrived and when you departed. Yon
are to punch in and out for lunch and for brief absences like
a doctor or dentist's appointment. All employees are
required to keep Human Resources, their cell leader or Shift
Supervisor advised of their departures from and returns to
the premises during the workday.
You are responsible for your time punch. Remember to record
your time. If you forget to punch in or make an error on
youxpuneh, a '4missed punch form" mast be filled out
with the Shift Supervisor or ceil leader initials next to it
far approval and Human Resources must be notified. Cell
leader and Shift Supervisor time tickets require the Plant
Manager's approval. You are not permitted to
punch in more than 15 minutes before your scheduled starting
time nor more than 15 minutes after your scheduled quirting
time without the group leader or Shift Supervisor's
approvai. This would be considered unapproved overtime.
No one may record hours worked on another's punch or time
slip for any reason. Tampering with yours or another's
time punch is eause for disciplinary action, including
possible immediate dismissal, of both employees. Do not alter
another person's record, or influence anyone else to
alter your record for you. In the event of an error in
recording your time, please report the matter to Human
Resources, your group leader, or your Shift Supervisor
[Filing No. 89-2 at 58].
case is related to the pending matter Weil v. M
Technologies, Inc., 2016 WL 286396 (S.D. Ind. 2016), and
arose as a result of the Court's treatment of class and
collective action certification in Weil. Generally,
Weil involves a series of claims raised by employees
of M Technologies for unpaid wages and wage deductions. One
proposed subclass in Weil was comprised of employees
whom M Technologies had allegedly failed to compensate or had
allegedly undercompensated for work performed during meal
breaks. The Court denied class certification to that
Weil subclass, concluding that the named Plaintiffs
were not adequate class representatives. Weil v. M
Technologies, Inc., 260 F.Supp.3d 1002 (S.D. Ind. 2017).
Ms. Kolish and Mr. Graves then filed their Complaint in this
case, raising a class and collective action lawsuit limited
to the meal break claims. [Filing No. 1.] Plaintiffs
filed a Motion to Certify a Combined Class Action and FLSA
Collective Action, [Filing No. 41], which this Court
denied, [Filing No. 62].
then proceeded individually against M Technologies and filed
the operative First Amended Complaint. [Filing No.
82.] The First Amended Complaint alleges violations in
addition to unpaid lunch breaks, including several of the
claims previously raised in Weil. Plaintiffs
challenge M Technologies' timekeeping and payroll
practices-namely, that M Technologies pays employees based on
their scheduled shift times, not based on their time-clock
punches, and that M Technologies automatically deducts a
30-minute lunch break, regardless of employees'
clock-outs and clock-ins. The First Amended Complaint alleges
(1) failure to pay overtime wages as required by the FLSA;
and (2) violation of the IWPS, including unpaid wages,
illegally rounded wages, and unpaid wages for shortened or
missed lunch breaks. [Filing No. 82 at 12-13.]
pending before the Court is M Technologies' Motion for
Summary Judgment, [Filing No. 86], which is fully
briefed and ripe for the Court's review.