Pilgrim's PrideIn re: Pilgrim's Pride Fair Labor Standards Act Litigation, MDL, Docket No. 1:07-cv-1832 Breaking News: On March 13, 2008, the Court certified the case to proceed as a collective action for unpaid overtime for current and former Pilgrim's Pride chicken processing workers. Cohen Milstein represents employees of Pilgrim’s Pride who were denied overtime pay for work at Pilgrim’s Pride’s chicken processing plants. These employees were not paid for the time they spend putting on, taking off, cleaning, and sanitizing their sanitary and protective equipment that they must wear to perform their jobs on the chicken-processing line. According to federal law, non-exempt employees have a right to receive pay for all time worked, including overtime pay at one and one-half times their regularly hourly rate for hours worked over 40 per week. The Court's March 13, 2008 order grants the named plaintiffs' motion to certify the case as a collective action, so that they may represent all of those similarly situated who work or have worked for Pilgrim’s Pride in the states of Texas, Louisiana, Arkansas, Alabama, Georgia, Virginia, Tennessee, North Carolina, West Virginia, and Kentucky. The Court has indicated that it will issue a separate order, after further briefing from the parties, issuing court-approved notice to potential class members. This will provide workers with an opportunity to learn of and join the case as in order to participate in the lawsuit, workers must sign a consent form to confirm their interest in joining the case, which will be filed with the Court. Chicken processing workers employed by Pilgrim’s have filed a number of similar cases challenging the company’s refusal to pay its workers for all time spent donning and doffing. The Judicial Panel on Multidistrict Litigation transferred all related actions against Pilgrim's to the federal court in the Western District of Arkansas, El Dorado Division, pursuant to 28 U.S.C. § 1407. In a similar case against Perdue Farms, Cohen Milstein's representation resulted in a $10 million settlement for the workers, as well as an agreement by Perdue to pay its chicken-processing employees for time spent putting on and taking off their protective gear. If you are an hourly-paid employee who has questions about this case, please call Kari Fiore, one of the legal assistants on the case, at 1-800-262-8077 or e-mail kfiore@cmht.com.
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