Outten & Golden, along with co-counsel Stueve Siegel Hanson Woody LLP, has filed a class action lawsuit against Tyson Foods alleging that employees in Tyson’s Garden City, Kansas meat processing plant did not receive wages and overtime pay as required by the federal Fair Labor Standards Act (FLSA) and Kansas state law. The case is called, Garcia et al. v. Tyson Foods Inc. et al (No. 06-2198-JWL) and is pending in U.S. District Court in Kansas City, Kansas. The workers allege that they were not paid for work duties including donning and doffing required work uniforms, putting on safety equipment (work pants; safety jump suits; safety boots; hair nets; face nets; hard hats; aprons; belts, holsters and knives; and hand and arm protection), and walking to and from the changing area, work areas, and break areas. More than 800 workers have joined the case as opt-in plaintiffs.
On February 16, 2007, the Judge presiding over our case denied Tyson’s request to dismiss the case. This decision clears the way for our clients to request that the case proceed as a class action. The Judge’s decision cites the United States Supreme Court’s 2005 decision holding that any activity that is integral and indispensable to a principal activity performed by workers is compensable under the Fair Labor Standards Act.
Please email Justin M. Swartz or call (212) 245-1000 for more information.
(*Prior results do not guarantee a similar outcome.)
