Tyson Foods Workers Awarded Jury Verdict in FLSA Lawsuit

 

           A jury in the U.S. District Court for the District of Kansas awarded over $500,000 to a class of meatpacking plant employees on Thursday (3/17/11). The collective action lawsuit sought to recover earned wages and overtime pay for workers at a Tyson Foods, Inc. meat processing facility located in Finney County, Kansas. The workers alleged that they performed several duties throughout their shifts for which they were not paid, such as changing into the required protective work uniforms and safety equipment (work pants and shirts, hard hats, safety boots, hair nets, etc.), and substantial walks to and from the changing area, work areas, and break areas. In awarding a verdict in favor of the plaintiffs, the jury found that Tyson Foods, Inc. violated both the Fair Labor Standards Act (“FLSA”) and the Kansas Wage Payment Act (“KWPA) by failing to compensate their Finney County employees for all hours worked.

            Owners of these types of facilities have historically been the subjects of litigation under the FLSA and state wage acts when they engage in miserly pay practices, such as trying to save money by not compensating employees for time spent donning and doffing protective gear and the subsequent walks to their workstations. Generally, if an employee performs a task that is primarily for the benefit of the employer, then the employee must be compensated for that time. Also, under the “continuous workday rule”, once an employee has engaged in such a principal activity, the employee’s workday has begun. Therefore, if the donning and doffing of protective gear is substantial enough and considered a principal activity primarily for the benefit of the employer, the workday has begun and the employee’s subsequent walk to their workstation should be considered compensable work time.

Meat Processing Facilities

Meat processing facilities frequently fail to comply with the FLSA.  Typically, employers fail to pay employees for the time spent donning (putting on) and doffing (taking off) required sanitation gear and personal protective equipment. 

Employers in the meat processing industry must capture and pay employees for all time spent donning and doffing required sanitary/safety gear and equipment.  These employers must also pay for all the related walking and waiting time as well as other related duties (such as sharpening knives or sanitizing equipment). 

Employers in this industry also frequently fail to pay their employees for production work, and donning and doffing, performed during their meal periods.