Favorable Jury Verdict in FLSA Action


In May 2023, Burr & Forman achieved a favorable and important verdict from a federal jury in the Southern District of Alabama in a Fair Labor Standards Act (FLSA) case on behalf of its client, Outokumpu Stainless USA, LLC, which is a subsidiary of the Helsinki, Finland-based Outokumpu Oyj. Outokumpu Stainless USA makes up part of the Business Area Americas operations of Outokumpu Oyj.

Outokumpu Stainless USA has a state-of-the-art facility in Calvert, Alabama. The company employs hundreds of steel workers and has one of the highest total pay structures for industrial workers in the greater Mobile area.

The case was filed in 2021 by a former Outokumpu Stainless USA employee alleging violations of the FLSA regarding overtime pay and timekeeping. After a week-long trial, the jury found in favor of Outokumpu Stainless USA on all FLSA claims. The verdict has significant impact as it tested and rejected a unique legal theory as to what constitutes a proper workweek for purposes of the FLSA.

“We are honored by the opportunity to defend Outokumpu Stainless USA in this matter,” said Burr & Forman Lead Counsel Cheri Turnage Gatlin. “We are pleased the jury agreed with our client and look forward to continuing to advocate for this pivotal Alabama employer going forward.”

Burr & Forman represents international companies in all legal aspects of developing and operating manufacturing and industrial facilities in the U.S. The trial team included Cheri Turnage Gatlin, Bill Wasden, Devin Dolive, Ron Flowers, Natalie McCarty, and Allison Hawkins. Gatlin is the Chair of the firm’s Project Development and Construction Practice Group.

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