TYSON AGREES TO PAY $500,000 TO SETTLE FLSA COLLECTIVE ACTION

Tyson Foods entered into an agreement with the Department of Labor to settle a a lawsuit filed in 2002 on behalf of the workers in the Blountsville plant according to Al.com.  The agreement calls for Tyson to pay $500,000 to approximately 3,000 workers for overtime wages under the FLSA for "donning and doffing" and for the time spent washing and sanitizing themselves and the items they work with.  Tyson also agreed to enter into a nationwide injunction requiring them to pay poultry processing workers for donning and doffing time.  Secretary of Labor Hilda Solis is quoted as saying "I am pleased that , as result of this agreement, poultry processing employees at Tyson Foods plants will receive the full wages that they rightfully earn and deserve."  Tyson spokesman Ken Kimbro is quoted as saying "We've decided to resolve this case and modify our pay practices for certain jobs in order to avoid the continued expense and disruption of further litigation."

Practice pointer.  There continues to be a large number of FLSA cases being filed in Alabama.  Employers should review their classification of employees and their pay practices on a regular basis to comply with the FLSA. 

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