According to the suit, filed Tuesday (Nov. 15) in a U.S. District Court in Texas, TI does not pay fab workers for approximately 32 to 42 minutes per day spent smocking, un-smocking, changing shoes, participating in "pass down" briefings and other required activities.

The plaintiffs charge that TI's policy is in violation of the U.S. Fair Labor Standards Act of 1938.

The plaintiffs' attorney, David Watsky of Dallas-based Gillespie, Rozen, Watsky, Motley, and Jones, said the suit has precedent. In 2004, the Ninth Circuit Court of Appeals held that workers at Wacker Siltronic Corp.'s Oregon fabs were entitled to pay for such activities.

Watsky said he has not yet received a reply from TI, and that he does not expect the company's response for at least two weeks.

The plaintiffs are seeking unpaid overtime and a change to the company's policy.

According to the suit, though TI requires fab employees to use cards and card readers to account for on-site time, but the company pays employees only for 11.5 hours per day — eight hours at a regular rate and 3.5 hours of overtime.

A spokesperson for TI said the company would not comment on the pending litigation, but that the company believes its pay practices are in line with existing law and plans to vigorously defend them. By paying employees overtime after eight hours even though employees work a "compressed" schedule, TI believes it is actually paying employees at a higher rate than required too by law, the spokesperson said.

By: DocMemory
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