Tyson found in violation of labor laws

A jury in federal court found that Tyson Foods Inc. violated federal labor standards at its Blountsville, Ala., processing plant by not paying production line employees for certain pre- and post-shift and meal period activities, such as putting on and taking off sanitary and protective clothing. The jury's verdict in federal court in Birmingham resulted from a lawsuit filed by the U.S. Department of Labor against the company.
The court ordered Tyson to pay $250,000 for the violations.
The case is another example of an ongoing nationwide legal debate over what types of activities are compensible under the Fair Labor Standards Act.
The Department of Labor's lawsuit was filed in the U.S. District Court for the Northern District of Alabama. The federal department alleged Tyson Foods did not keep accurate records and failed to pay production line employees for the time they spend donning and doffing safety and sanitary gear, and performing other work-related activities. The violations span nine years, beginning in 2000 and extending to present day and affect approximately 3,000 current and former plant workers.
The initial Labor Department investigation began in April 2000, and a jury trial, which began in February 2009, ended in a mistrial. The Labor Department chose to pursue a second trial in August 2009, which ended in the ruling that Tyson owed employees the additional compensation.
Gary Mickelson, Tyson, noted that the government argued in closing statements that the jury should award as much as $8 million in compensation for the employee activities in question. "Jurors concluded that there was some uncompensated work activity at the Bloutsville plant during the time period in question; however, the amount they awarded was about 3% of what the Department of Labor requested," he said.
"The DOL lawsuit also alleged that Tyson failed to keep adequate and accurate records of all the hours worked by Blountsville employees during the nine-year time period. However, the jury rejected the government's claim and found no violation of federal recordkeeping requirements," he added.
Mickelson said the company will evaluate the implications of the verdict and determine what its next steps will be.
He called on the DOL to work cooperatively with industries such as the poultry industry to bring clarity to donning and doffing issues.
Tyson's Blountsville plant employs approximately 800 people.
Read the complete Department of Labor release.