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U.S. judge rules against Tyson in Kansas plant compensation casDES MOINES, Iowa (AP)--A federal district judge ruled in favor of workers at a Tyson Foods Inc. beef-processing plant seeking payment for time spent putting on and removing safety gear for work. Springdale, Ark.-based Tyson, the world's largest meatpacker, had sought summary judgments blocking the compensation claims, first brought by employees at the Holcomb, Kan., facility last May. A similar case was filed against the company in Sioux City, Iowa, earlier in February. Tyson now pays knife-wielding workers for four minutes to don and doff special protective clothing, but the current lawsuit would also cover employees who are required to wear items such as hair nets, hard hats, gloves and earplugs. In ruling in the Kansas matter Feb. 16, U.S. District Judge John W. Lungstrum in Kansas City, Kan., rejected Tyson's motions, clearing the way for the plaintiffs to seek class-action status. The judge noted that while Fair Labor Standards Act "typically requires employers to pay their employees for all time spent working on their behalf," Congress never precisely defined "work," leaving it up to the courts to determine that on a case-by-case basis. While Tyson attorneys contended that a 1994 case, Reich v. IBP Inc., determined that donning and doffing protective clothing wasn't work, the judge disagreed. He wrote that if the court in that case were to revisit the issue, it would analyze it differently considering subsequent cases, particularly one involving IPB, titled IBP Inc. v. Alvarez in 2005. In that, the Supreme Court ruled that any activity that is "integral and indispensable" to a "principal activity," or work situation, is compensable, Judge Lungstrum concluded. He also left open whether four minutes was adequate time to put on and remove special protective clothing and gear worn by those who use cleavers and knives on the assembly line. Plaintiffs contended that it often takes much longer than four minutes to dress for the job. "We're disappointed with the decision and are carefully considering our options," Tyson spokesman Gary Mickelson said in an e-mail. "We continue to believe we are paying all our people appropriately." An attorney for the Holcomb plant plaintiffs, George Hanson of Stueve Siegel Hanson Woody LLP, said the next step is to file for class-action certification. He said more than 800 workers have indicated they wish to join the lawsuit, titled Adelina Garcia et al. v. Tyson Foods Inc. and Tyson Fresh Meats Inc. Hanson said that if his side prevails, Tyson could face millions of dollars in back-pay compensation. 1 Star WK 2/26/07 5 B Date: 2/22/07
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