Fresh Mark to Pay $3.725 Million to Settle Overtime Compensation Lawsuit

Nov. 3, 2023

Settlement will resolve lawsuit in which the Ohio meat processor was accused of not paying employees for pre- and post-shift donning and doffing time.

Andy Hanacek

A U.S. District Court judge approved a $3.725 million settlement to be paid by Massillon, Ohio-based meat processor Fresh Mark Inc. to resolve a lawsuit claiming it did not properly compensate employees for overtime, according to local news reports.

Former employee Antoine McElroy, who worked for the company from 2006-2021 as a machine operator in the company’s Canton facility, filed the lawsuit on behalf of himself and his co-workers in February 2022. The suit claimed employees were not paid for working during pre- and post-shift operations, including donning and doffing of personal protective equipment (PPE).

After attorney, mediation and administration fees are paid, McElroy and his co-workers will split $2.4 million, with McElroy receiving $20,000 as the primary plaintiff. According to the report, more than 7,500 employees who worked for the company from 2019 through 2022 are eligible for monetary compensation via the settlement.

About the Author

Andy Hanacek | Senior Editor

Andy Hanacek has covered meat, poultry, bakery and snack foods as a B2B editor for nearly 20 years, and has toured hundreds of processing plants and food companies, sharing stories of innovation and technological advancement throughout the food supply chain. In 2018, he won a Folio:Eddie Award for his unique "From the Editor's Desk" video blogs, and he has brought home additional awards from Folio and ASBPE over the years. In addition, Hanacek led the Meat Industry Hall of Fame for several years and was vice president of communications for We R Food Safety, a food safety software and consulting company.