ef 7
EXHIBIT "1 "
Case 1 :04-cv—OO414-SLR Document 138-2 Filed 09/16/2008 Page 2 of 3 i
. Privileged & Confidential
j DOL AUDIT REVIEW
March 21, 2001 `
. DOL . _ lvlountaire n ‘
i-lap Perry g Dee Ann Landreth
. Jim Kessler 202.6%.0508 4 Mike Tlrrell
_ Carol Stribllng 704.334.63OT ·- John Wise
I · Mark Reif
A Audit Period A
. May 1998 —— May 2000 .
A A l-lap Perry said they will not give us anything in writing. We can request audit results
_ . through FOIA, but they will deny lt. ·
1. FMLA Q OK O K
n n 2. Child Labor- OK A
` 3. Minimum Wage -— DOL claims we are "tralning" new catchers on the job, but ·
not paying them (2 workers, 3 days each). Catchers; We could find no
A evidence of this. _ .
_ 4. - Catchers should be paid Ofl'. Drivers and forklift not. i—louse-to- ‘
house travel is compensable for hours worked. rew leaders should also b
· A ` _• aid OT because the are not sala .- We can solve this by making salary.
_ i if crew leaders provide transportation due to MSWD =· need:
A . Drivers License _
` . Phys-ical (and carry w/driver)
Vehicle inspection ‘
i _ Ins. Req. ($100,000 per seat)
A i • MSWPA.- disciose conditions of employment at time of offer —- posting `
. requirement(ir1 van`). A ·
A _ g y • Pay stub should have name and employer federal l.D. r
i 5. -.1) PPE if people buy products and that causes their wages to fall .
» belowminimum wage, that is a violation.
h - lf you charge over the actual cost, ifthe protit is a violation.
l - 6. Maint. Bonus— needs to be included in straight time pay in •gi _ g - M G 1 __g_ ·
or O .
Case 1 :04-cv#OO414-SLR Document 138-2 Filed O9/16/2008 Page 3 of 3 = ··
Privileged & Confidential
7. Q.§&e exemptlnon exempt. (DOL considers the following positions non-
~ exempt):
1. ns. Norse ·
2. Office Mgr — Trans (Pat Beasley) (
_ 3. Trainers (3) -
_ 4. Safety Coordinator - .
· 5. Administrative Assistant (3); Robin P., Rafael VQ_l
_ 7. N.S. H.R. Mgr- Conchita Raga
8. Pre Shift Preparatory Activities A i
1. Denning, waiting in line. ( ‘
n 2. Maint. Men — finding out from previous shift what happened during that
` shift.
9- ww
1. 30 min break — washing, dofling, break time, donning = < 30 min.
ii 10. Post Shift Concluding Activities
1. Wash, remove PPE _ A
. 11. Record Kee in A I _
. . A 1. inaccurate hours worked line employees and catchers. -
12. l in exchange not to sue us, DOL wants: _ ~
1. Assurance of future compliance (corporate wide). _ c
2. What specitic steps will we take to assure compliance?
_- * If we achieve compliance with 1 & 2, then we will discuss how much back
pay. . i .
Back pay discussion (donning, clotting & 30 min 1 lunch) = one hour per day,
n I 5 hourslweek. A A _
l l ** Check the 401k eligibility for "iive haut contractors" that DOL. now says are
employees. `
Fox vs Tyson case (North Alabama?) - n
‘ "Hot Goods" , A A ‘ l l
DOL says that Pension Plan Group is looking at this issue (employees- Live
_ P Haul) f f `
- A ( r 1100s21
Case 1:04-cv-00414-SLR
Document 138-2
Filed 09/16/2008
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Case 1:04-cv-00414-SLR
Document 138-2
Filed 09/16/2008
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Case 1:04-cv-00414-SLR
Document 138-2
Filed 09/16/2008
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