Payroll on Bloomberg Tax is built to get you to the right answer faster and more efficiently. Get all the payroll intelligence you need with Bloomberg Tax expert analysis, perspectives and...
A federal appeals court ruled that a federal district court was incorrect in saying that a food-processing company was responsible for about $24 million in wage violations.
In separate lawsuits, the district court found that Tyson Food Inc. was liable under the Fair Labor Standards Act and Nebraska labor laws for not adequately compensating production meatpacking employees for time spent changing clothes and walking between the production line, lockers and wash stations.
However, the appeals court said that the employees failed to follow FLSA procedure in filing consent forms used to initiate a collective action lawsuit. Because of the filing issues, the overtime claims under the FLSA should have been dismissed, the appeals court said. Additionally, the employer did not violate state laws, the court said.
Under state labor laws, employees can recover only wages an employer previously agreed to pay, the court said. A union contract specifying work time as spent in the production line and a 2007 settlement agreeing to compensate four minutes of clothes-changing time served as pre-existing agreements, the court said.
Employees could not prove Tyson Food agreed to pay them more, the court said.
The Supreme Court, in its upcoming term, is to hear another clothes-changing case in which Tyson was held liable for $5.8 million in unpaid wages and damages to employees at an Iowa pork-processing plant (Tyson Foods, Inc. v. Bouaphakeo, U.S., No. 14-1146, cert. granted 6/8/15). The employees claimed that the time Tyson automatically added to paychecks for changing into special gear and walking to and from job sites was insufficient compensation for the required activities.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)