Smith v. Safety-Kleen Sys. Inc.
| Decision Date | 18 January 2012 |
| Docket Number | Civil Action No.: 10 C 6574 |
| Parties | ROBERT SMITH, Individually, and on behalf of all others similarly situated, Plaintiffs, v. SAFETY-KLEEN SYSTEMS, INC., Defendant. |
| Court | U.S. District Court — Northern District of Illinois |
MEMORANDUM OPINION AND ORDER
Robert Smith sued his employer, Safety-Kleen Systems, Inc., under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq., alleging he was owed compensation for time spent showering and changing clothes. The lawsuit was conditionally certified as a collective action, and twelve other plaintiffs opted to join. Before the court are Safety-Kleen's motions for summary judgment and to decertify the collective action.
Summary judgment is warranted if Safety-Kleen establishes the record evidence reveals no genuine issue of material fact and it is entitled to judgment as a matter of law. FED. R. CIV. P. 56(a); Turner v. The Saloon, Ltd., 595 F.3d 679, 683 (7th Cir. 2010). As the moving party, Safety-Kleen bears the initial burden of showing the absence of a genuine dispute before the burden shifts to plaintiffs to identify a dispute for trial. Paul v. Theda Med. Ctr., Inc., 465 F.3d 790, 793-94 (7th Cir. 2006). All facts and reasonable inferences are construed in plaintiffs'favor. Ridings v. Riverside Med. Ctr., 537 F.3d 755, 760 (7th Cir. 2008).
To assist the court in identifying factual disputes, N.D. I11. Local Rule 56.1 sets forth a procedure for litigants to follow. The moving party is required to submit a statement of purported undisputed material facts with citations to the evidence supporting each statement. Loc. R. 56.1(a). The opposing party is required to respond to each purported undisputed material fact and if the opposing party disputes a fact, include "specific references to the affidavits, parts of the record, and other supporting materials relied upon" to show the dispute. Id. 56.1(b)(3)(B). A fact not properly disputed may be deemed admitted. Id. 56.1(b)(3)(C); Schmidt v. Eagle Waste & Recycling, Inc., 599 F.3d 626, 630-31 (7th Cir. 2010). The opposing party may also submit additional facts to support the denial of summary judgment, "including references to the affidavits, parts of the record, and other supporting materials relied upon." Loc. R. 56.1(b)(3)(C).
Plaintiffs did not follow Local Rule 56.1. Rather than citing to evidence that disputes Safety-Kleen's submitted facts, plaintiffs cited to their own statement of facts, often citing to several paragraphs, making it difficult for the court to determine which parts were responsive to Safety-Kleen's fact. In addition, for their own additional statement of facts, plaintiffs frequently cited as support one of Safety-Kleen's facts, not evidence. Although the court has discretion to deem all of Safety-Kleen's facts admitted, the court will not do so. Instead, the court deems admitted all of Safety-Kleen's facts that plaintiffs' cited to as support for their additional statement of facts.1 Additionally, the court disregards plaintiffs' additional facts that rely solelyon Safety-Kleen's facts without citation to evidence.2 Finally, in some instances, plaintiffs did not support a dispute with any citation at all; those facts are deemed admitted.3
Safety-Kleen operates a recycle center in Dolton, Illinois, that processes and recycles chemical and solvent waste. Def. Facts ¶ 1. Plaintiffs work around hazardous chemicals and have the potential to be exposed to hazardous materials. Pl. Facts ¶ 3; Pl. Ex. A at SK001721. The range of tasks plaintiffs perform includes sampling tanks and drums containing toxic chemicals and solvents, loading and unloading containers of hazardous chemicals and solvents, pumping toxic chemicals from drums and containers, washing containers and drums, placing contaminated drums and containers in the shredder, spraying and washing hazardous chemicals off equipment, and performing maintenance and repair work on equipment. Pl. Facts ¶ 3. But not all plaintiffs perform the same duties, and plaintiffs do not identify which plaintiffs performed particular duties. Def. Reply to Pl. Facts ¶ 3.
Safety-Kleen has a written Personal Protective Equipment ("PPE") Management Program that plaintiffs are required to follow. Pl. Facts ¶ 6. The PPE available to plaintiffs includes Safety-Kleen uniforms, chemical protective polyethylene or Saranex coated coveralls, safety shoes, hard hats, safety glasses, chemical goggles, rubber boots, and an air purifying respirator. Id. ¶ 5. The PPE required depends on the tasks performed and materials handled. Def. Reply to Pl. Facts ¶ 6; Def. Reply Ex. F at SK000255-56. At a minimum, all employees must wear a uniform, gloves, leather or chemical-resistant steel-toed boots, safety glasses, and a hard hat.Def. Reply to Pl. Facts ¶ 7; Def. Reply Ex. G at SK000271.
The actual steps of the employees' pre- and post-shift routine are undisputed. In the morning after arriving at the facility, employees enter the employee locker room. Def. Facts ¶ 10. They enter the "clean" side, where each has a locker, and change from their street clothes into clean work pants and work shirts (the uniforms). Id. ¶ 12. Safety-Kleen provides the uniforms and launders them. Id. Plaintiffs are prohibited from taking uniforms off the site "to prevent any transference of any element from the site to any personal vehicle or home." Pl. Facts ¶ 9. The uniforms are ordinary work clothes, not made with specialized protective fabric.4 Def. Facts ¶ 13. After the plaintiffs change into their uniforms, they walk through a turnstile to another locker on the "dirty" side of the locker room. Id. ¶ 14. There, they put on work boots and pick up hard hats and safety glasses, all kept in their dirty-side lockers. Id. In the winter, plaintiffs may also put on coveralls and jackets for warmth.5 Id. ¶ 16. Then, employees take a small magnet from their dirty-side locker and place it on a magnetic board as they leave the locker room. Id. ¶ 17. The magnet designates which individuals are working at any particular time. Id.
After leaving the locker room, plaintiffs walk to the production building, where the production office, break room, and time clock are located. Def. Facts ¶ 18. The production building is approximately 208 yards from the locker room. Id. ¶ 19.
The time clock is located on a wall in the area adjacent to the production office and break room. Def. Facts ¶ 20. Safety-Kleen rounds time punches to the nearest quarter hour for payroll purposes. Plaintiffs could not clock in after their scheduled start time but were allowed to clock in up to seven minutes early. Id.; Pl. Facts ¶ 17. Thus, the time punches were always rounded up to the start time. Pl. Facts ¶ 17. Plaintiffs who arrive at the time clock more than seven minutes before the start of their shifts wait or conduct other personal activities in the break room, adjacent to the time clock.6 Def. Facts 21.
While working, plaintiffs may sometimes wear specialized protective equipment depending on their job for the day or the chemical being handled. Def. Facts ¶ 22. This specialized protective equipment includes neoprene gloves, a Tyvek suit, an apron, a face shield, or a respirator. Id. The respirators are stored either in plaintiffs' dirty-side lockers or in another locker in the production area. Id. ¶24. The rest of the specialized protective equipment is kept in the production office or is available from a supervisor. Id. ¶ 23. Plaintiffs generally put on and take off the specialized protective equipment while on the clock. Id. ¶ 25. The only exception, plaintiff Ramon Perez, wears his respirator a couple times a month while walking to the time clock when he encounters heavy fumes. Id. Other than this, plaintiffs are paid for time spent donning and doffing this task-specific specialized protective equipment. Id. ¶ 26.
Plaintiffs are provided a daily meal break, taken in the break room in the production office. Def. Facts ¶ 27; Pl. Facts ¶ 19. Hard hats, gloves, and other contaminated PPEs are not permitted in the break room and must be removed before entering. Pl. Facts ¶ 23. Plaintiffs do not identify PPE other than hard hats and safety glasses that were regularly removed before breaks. Def. Reply to Pl. Facts ¶ 23; Pl. Ex. T at 71-72. Plaintiffs were also required to wash their hands and faces before entering the break room. Pl. Ex. H at 115-16; PL Ex. J at SK00250; Pl. Ex. T at 71-72. The disputes over whether plaintiffs take a full 30-minute break for meals and whether the meal breaks are paid are discussed below.
At the end of their shift, plaintiffs clock out no more than fifteen minutes before their scheduled shift end. Def. Facts ¶ 28. After clocking out, plaintiffs walk 208 yards back to the employee locker room. Id. ¶ 29. After entering the locker room on the dirty side, they retrieve name magnets from the board and walk to their dirty-side lockers. Id.¶ 31. At their dirty-side lockers, plaintiffs undress; place their boots, hard hats, and safety glasses in their lockers; and place their dirty uniforms in a laundry chute. Id. Plaintiffs then take mandatory showers. Id. ¶ 35; Pl. Facts ¶ 33. Safety-Kleen provides towels and soap, but plaintiffs may use personal toiletries if desired. Def. Facts ¶ 34. After showering, plaintiffs dry off, change back into their street clothes, and exit the locker room. Id. ¶ 37. Some plaintiffs also put on deodorant, cologne, or lotion before getting dressed. Id. Safety-Kleen adds 15 minutes a day to plaintiffs' time records for "shower time." Id. ¶ 38; Pl. Facts ¶ 34.
Plaintiffs argue the time spent donning and doffing their Safety-Kleen-provided uniformsand showering at the end of the day is compensable under the FLSA. Under this theory, the work day starts with the donning of the...
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