Fox, et al. v. Tyson Foods, Inc. Civ. Action No. CV-99-BE-1612-M (N.D. Ala.) June 30, 2003 - Cohen, Milstein, Hausfeld & Toll, PLLC represents a group of current and former chicken processing employees of Tyson Foods, Inc. in a lawsuit pending in federal court in Birmingham, Alabama. The suit charges that Tyson, which is the largest chicken processor in the United States, requires its hourly chicken processing employees to work "off-the-clock" without compensation in violation the Fair Labor Standards Act (FLSA). Tyson has approximately 55 chicken processing plants and approximately 50,000 hourly employees throughout the United States. The complaint alleges that Tyson has engaged in a pattern and practice of unlawful conduct by failing to compensate its non-exempt hourly chicken processing employees for all of the time Tyson requires or permits such employees to perform work. Employees were not paid for time spent obtaining, putting on or taking off the safety and sanitary equipment Tyson requires employees to wear, nor were they paid for the time required to clean that equipment. On two occasions, Tyson has sought to have the court dismiss the claims made by Tyson employees on summary judgment. Tyson's first attempt was denied with an opinion of February 13th, 2001, a copy of which is posted on this website. Tyson's second attempt cited four bases for dismissing the claims. On May 28, 2003, the court ruled from the bench, denying Tyson's motion on three of the arguments raised. The fourth basis on which Tyson sought summary judgment, which affects approximately 20% of possible class members, is currently under consideration by the court and a ruling is expected shortly. A case involving very similar allegations against Perdue Farms was settled late last year. Information about that case is also available from this website, under "Perdue." The Department of Labor has recently filed a lawsuit against Tyson Foods on behalf of workers at one plant in Blountsville, Alabama. The Department of Labor suit makes allegations quite similar to those pursued by the plaintiffs in this case. If you have any questions about this action, or with regard to your rights, please contact the following: Joseph M. Sellers, Cohen, Milstein, Hausfeld & Toll, P.L.L.C. (202) 408-4600, 1100 New York Avenue, N.W. West Tower, Suite 500 Washington, D.C. 20005 or email us at lawinfo@cmht.com. |
