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Tyson Can't Dodge Meal Break Claims In FLSA Action

Friday, April 08, 2011

 A Nebraska federal judge refused Wednesday to strike down meal break or state wage law claims from a donning and doffing class action against Tyson Foods Inc.  Judge Lyle E. Strom of the U.S. District Court for the District of Nebraska denied Tyson's motion for partial summary judgment, finding the plaintiffs' Fair Labor Standards Act claims related to meal breaks and their state law wage claims could move forward.

Ruling on a separate motion for partial summary judgment filed by the plaintiffs, workers at a Lexington, Neb., beef slaughter and processing facility, Judge Strom nixed two of Tyson's affirmative defenses but left the rest of the company's affirmative defenses intact.  The lawsuit was filed in 2006 on behalf of hourly production employees in the Lexington plants' slaughter and fabrication departments. The facility currently employs about 2,300 hourly production employees, according to court documents. (click on link to read full story) 

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