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OPA News Release: [05/09/2002]
Contact Name: Sue Hensley
Phone Number: 202-693-4650

Labor Department Files Suit Against Tyson Foods

WASHINGTON — The U.S. Department of Labor announced today the filing of a lawsuit against Tyson Foods, Inc., seeking to change pay practices and recover back wages for poultry workers who were not paid for time spent “donning and doffing” work clothing and protective gear in violation of the Fair Labor Standards Act.

“Most poultry workers are immigrants who earn less than $7.00 an hour. We want to make sure they are getting paid what they deserve, especially when they are performing health and safety precautions that are required by their work,” said Secretary of Labor Elaine L. Chao.

The complaint, alleging violations of the FLSA, was filed in the U.S. District Court for the Northern District of Alabama by the Labor Department Solicitor’s Office on behalf of workers in Tyson’s Blountsville, Alabama poultry processing facility. In addition to seeking back wages and liquidated damages for current and former employees at that facility, the complaint also seeks an injunction restraining Tyson from future violations of the FLSA at all its domestic poultry processing facilities.

The lawsuit against Tyson involves a poultry industry practice of not paying workers for time spent donning, doffing and sanitizing at the plant. Poultry workers are required to be ready to work, with work clothing and protective gear on, when the production line starts running, but are not paid for the time spent putting on the gear or cleaning up at the end of day. The Labor Department contends that this “donning and doffing” time is work time that must be compensated.

The FLSA requires that covered employees be paid the minimum wage of $5.15 per hour for all hours worked and time and one-half their regular rate of pay for hours worked over 40 per week. The FLSA also requires employers to maintain accurate time and payroll records. For more information about the FLSA, call the Department of Labor's toll-free help line at 1-866-4USWAGE (1-866-487-9243). Information is also available on the Internet at www.dol.gov.

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