Attorneys for plaintiffs in Gerber Products labor case want $1.3 million

Lawyers involved in the $3 million class-action labor lawsuit against Gerber Products Co. in Fort Smith, settled last year by the Arkansas Supreme Court, squared off in Sebastian County Circuit Court again Tuesday on a “fee shifting” request from the plaintiff’s counsel.

Circuit Judge James O. Cox heard from Gerber Products attorney Bernard Bobber and plaintiffs' counsel Timothy A. Steadman over a motion that seeks $1.35 million in legal fees be paid by Gerber Products in addition to the $3 million in back pay set aside for about 800 members of the class action suit.

“We don’t want any of the worker’s money,” Steadman said before pointing out they had originally asked for $6 million in the suit.

In June 2012, five hourly employees at the facility called Gerber out for requiring employees to work more than 40 hours per week without overtime pay, and periodically required them to work through lunch without pay. David Hewitt II, Aaron Johnson, James Lane, Ralph LaRosa Jr. and Jerry Osborne filed the case because they were required to change into Gerber-supplied uniforms and protective gear at the facility before they are allowed to "clock in" and were required to "clock out" before they remove the uniforms and protective gear at the end of their shift. Plaintiffs' counsel said it amounted to an estimated four hours of uncompensated time each week, according to the complaint.

Read more: http://www.swtimes.com/news/20160928/attorneys-for-plaintiffs-in-gerber-products-labor-case-want-13-million