Federal Jury Finds Tyson Violated FLSA

November 5, 2009 (PLANSPONSOR.com) - A federal court jury in Birmingham has found that poultry producer Tyson Foods Inc. violated the Fair Labor Standards Act (FLSA) at its Blountsville, Alabama, facility by not properly compensating employees for hours worked.

The trial focused on a U.S. Department of Labor (DoL) lawsuit and represented the second time the case had to be tried; the first trial ended in a mistrial (see 3rd Circuit Reverses Tyson Donning and Doffing Case Decision ).

DoL investigators alleged that Tyson Foods did not keep accurate records and failed to pay production line employees for the time they spent donning and doffing safety and sanitary gear, and performing other related work activities. The violations cover the period from the year 2000 to the present and affect approximately 3,000 current and former workers at the plant.

“We are very pleased that the jury in Birmingham has vindicated our position that employers must pay their workers for the time that they are required to work,” said Secretary of Labor Hilda L. Solis, in a statement.