Tyson Foods Must Pay $250K In Labor Suit

BIRMINGHAM, Ala. (AP) -- A federal court has ruled that Tyson Foods Inc. violated federal labor standards for not paying production line employees for the time it takes them to put on and remove protective and sanitary gear.

The company was ordered to pay $250,000 in damages, according to the ruling Wednesday in U.S. District Court for the Northern District of Alabama. The U.S. Department of Labor, which originally filed the suit seeking $5.8 million in back wages, made the announcement Thursday.

The jury found the company didn't fairly compensate workers but rejected government claims that Tyson failed to keep accurate records for the time that employees worked.

The U.S. Department of Labor said in a statement it first began investigating the situation at the poultry and beef producer in 2000. The government said the company did not pay some 3,000 production line employees at its plant in Blountsville, Ala., for the work time in question from 2000 to the present.

The company, based in Springdale, Ark., said in a statement Thursday it appreciated the decision and will now determine what its next steps will be. The company said the case is part of a continuing debate over what types of activities should be covered under the Fair Labor Standards Act.

"Rather than litigate, we would rather see the Department of Labor and others work cooperatively with industries such as ours to bring some clarity and consistency to this complex issue," Tyson said in a statement.

The Labor Department said the case now goes into mediation to determine whether a corporate-wide injunction should be implemented across all of Tyson's facilities, possibly meaning even more payments required by Tyson.

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Tyson Foods... 11/6/2009 12:05:00 PM What a World Class Corporation Tyson is! Next time I shop for chicken, I'll make sure that I pass by purchasing anything with the Tyson brand for one that treats its employees with the respect that they deserve. I encourage all other readers to do the same.
Pay To Get Dressed 11/6/2009 12:50:00 PM Maybe the workers should also sue because Tyson doesn't pay them for the time it takes them to get from home to work; or maybe add to that the time it takes to put on thier pants (or skirt) at home. I don't see how people can't understand why companies and the jobs are flying from the U.S. faster than a supersonic jet. The sonic booms are deafening, and yet there is lawsuit after lawsuit.
Tyson 11/6/2009 12:53:00 PM I wonder how many of those workers that will get part of the settlement are in this country legally. For those that aren't maybe they should get their settlement MINUS the cost of bus fare (or boat fare) back to wherever they are legal residents.
It's all in the written procedures 11/6/2009 2:39:00 PM It is pretty obvious that the jury thought this suit was a load of crap only awarding 4% of the $5.9m the lawyers were seeking. The scary part is that the door was opened another crack and the lawsuits are sure to continue. A word of advise to the Tyson management. Get all of your employee requirements written in your facilitities entrance and gowning SOP. "All employees must be be gowned and in their work area prior to the start of thier respective shift". Make it an employment requirement. If the employees don't want to comply, they can decide not to work there. As far as the yo-yo who commented on not buying Tyson products ever again, I hope you get a severe case of E-coli from buying improperly handled product from Jim Bobs meat shack and you can't sit down for a week due to fear of an eruption. Mis-treatment of the employees my elbow. Next thing you know, the blood sucking lawyers will file a suit alleging Tyson didn't pay their employees for the time they spent filling out their job applications and milage for going to the employment interview.
Come on people 11/6/2009 2:56:00 PM You just don't get it. They should be paid to put on protective gear - it is a part of their job description. Think about it next time you go to have surgery and the doctor has to wash his hands and scrub in. And also why so negative as to imply they are illegals? It is up to the company to do their due diligence in screening their employees credentials. Same reason we have a bad housing market - if the bankers who approved the loans would have done their jobs most people wouldn't be in their current situation of not being able to afford their homes. Bottom line here cause I am getting off track is that Tyson and all companies need to start treating all people with respect and if we set rules and processes up we should follow them. Some lawsuits are stupid but they are getting a service and should have spelled it out up front, then the people would know up front if they wanted to work there or not. We all have choices. People shouldn't be made to do things just because they are lucky to have a job in today’s market. People will work harder to do a good job for a company that treats them well that can make or break their bottom line.
been there... 11/6/2009 3:47:00 PM i worked at this plant, but am not involved in this lawsuit, anyway when i heard about the lawsuit i heard it was about not getting fair breaks and forced overtime. Which with Tyson, that is the cas. Now, that to me is something to sue about, but i agree with "it's all in written procedure". Also, people don't assume that every hispanic person with a job is illegal, on top of that the ones who should be shipped off (on bus or on boat as you put it) should be the EMPLOYER. The one who chooses to hire illegals.
Treatment of employees 11/6/2009 3:55:00 PM yes you can sdo anything you want to employees and they have a choice of working or leaving. With the country in this slump I am sure they will stay, but I am sure many will bail out if other jobs with a better employer are avaiable. After all there is a law that says they must be paid for this time, why is Tyson fighting it? The jury found they wern't paid, Why not? If you found loopholes in a law, you opened the door for law suits. Then expect the lawyers to come your way to see if the llohole is good or bad. There would be no lawyers if there was trust and fairness between the work force and management. Opps, sorry I forgot we are not in the 60's anymore.
Tyson is unfair 11/8/2009 7:30:00 AM The problem isn't so much putting your gear on as they don't pay you for your break time which is 30 minutes abd they exoect you to be back on the line after the 30 minutes ready to work. alot of the employees don't get a full 30 minute break because of this.You don't always go back to the same position after break which starts earlier or lateer. Pay them for one break and the problem is solved.
What is legal? 11/11/2009 5:18:00 PM In the 70's I worked on a production line in a factory on a assembly line. The workers were in the IMAW union. We had to be in our work station ready to work with all work gear on and parts stocked at our station 5 min. before the whisle blew. We were on production rates and you had to make at least 80 percent after all your work went thru 100 percent inspection or 3 day layoff no pay first time and fired second time. Break? You could have two 10 min. beaks a day if you made production or other wise none. 30 min. lunch wasn't paid either. There 8.5 hours for 8 hr pay. Oh, you also had to be back from lunch 5 min. before lunch whilse blew lunch was over. I stayed thin on this job. It didn't kill me and at the time the pay was $4 hour starting. After 5 years and working up the ladder on jobs I quit the company making $5.25 (1977).

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