Two former BlueOval SK employees have filed a class-action lawsuit alleging the Ford-SK On joint venture systematically underpaid workers at its Kentucky battery plant by failing to compensate them for mandatory pre-shift activities. The lawsuit, filed in federal court, claims the company violated the Fair Labor Standards Act and Kentucky wage laws by paying workers only for scheduled time rather than actual time worked, including up to 15 minutes of unpaid pre-shift preparation.
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Allegations of Systematic Wage Violations
According to the complaint filed by former production operator Sean O’Brien and production technician Randall Moore, BlueOval SK requires hourly employees to perform substantial work before their official shift times without compensation. Workers must put on personal protective equipment, walk up to 15 minutes to their stations through the massive facility, and perform machine preparation work—all before clocking in. The lawsuit alleges the company not only fails to pay for this mandatory work but also systematically alters and rounds workers’ clock-in and clock-out times to reduce compensation. These practices, if proven, would constitute clear violations of the Fair Labor Standards Act, which requires employers to pay for all hours worked, including preliminary and postliminary activities that are integral to principal work activities.
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Broader Pattern of Workplace Concerns
The wage allegations emerge against a backdrop of ongoing worker complaints about conditions at the Glendale, Kentucky facility. Western Kentucky University Public Radio has documented worker concerns about bat infestations, mold, fires, and exposure to dangerous chemicals dating back more than a year. The plant, which began commercial production in August 2025, also faces questions about personal protective equipment availability despite the lawsuit highlighting PPE requirements. These workplace conditions have drawn scrutiny from labor advocates and regulatory agencies. The Occupational Safety and Health Administration has previously investigated similar complaints in the growing electric vehicle battery sector, where rapid expansion has sometimes outpaced safety protocols and worker protections.
Unionization Efforts and Labor Relations
The lawsuit coincides with a contentious unionization drive at the plant, where workers tentatively voted to join the United Auto Workers by a narrow 526-515 margin shortly after commercial production began. However, the election results remain unresolved due to 41 challenge ballots from the facility’s emergency response unit. The UAW has argued these votes are illegitimate because the workers weren’t on the approved voter list, while BlueOval SK maintains they should have voting rights. This labor organizing effort reflects broader trends in the electric vehicle sector, where the UAW has been actively campaigning to unionize battery plants and secure better wages and working conditions for workers in the emerging industry.
Industry Implications and Legal Precedents
The BlueOval SK case highlights ongoing labor challenges in the rapidly expanding electric vehicle battery manufacturing sector. As companies race to meet growing demand, worker compensation and safety practices have become focal points for regulatory scrutiny and legal action. Similar wage and hour lawsuits have emerged at other EV facilities, with the Department of Labor’s Wage and Hour Division reporting increased enforcement actions in manufacturing sectors. Legal experts note that cases involving pre-shift preparation time have established important precedents under the FLSA, particularly regarding activities that are “integral and indispensable” to employees’ principal work activities. The outcome of this case could set important standards for the entire electric vehicle supply chain as the industry continues its rapid growth.
References:
U.S. Department of Labor – Fair Labor Standards Act: https://www.dol.gov/agencies/whd/flsa
Occupational Safety and Health Administration: https://www.osha.gov/
United Auto Workers: https://uaw.org/
U.S. Department of Labor Wage and Hour Division: https://www.dol.gov/agencies/whd
Kentucky Labor Cabinet: https://kylabor.ky.gov/Pages/index.aspx
