News Release

Printer-Friendly Version

OPA News Release: [11/20/2002]
Contact Name: Yvonne Ralsky
Phone Number: (202) 693-4676

U.S. Department of Labor Files Suit Against Third Poultry Processor in Six Months

WASHINGTON, D.C.—The U.S. Department of Labor announced today the filing of a lawsuit against Arkansas-based George’s Processing, Inc. for allegedly failing to pay its workers for the time they spend at work putting on and taking off—“donning and doffing”—protective clothing and other gear. George’s Processing, Inc. is a subsidiary of George’s, Inc., headquartered in Springdale, Ark.

“Payment for all hours worked is required under the law. There are no exceptions,” said Secretary of Labor Elaine L. Chao. “We will continue to file court actions, if needed, to ensure that workers receive the protections afforded under the law.”

The complaint, alleging violations of the minimum wage, overtime and recordkeeping provisions of the Fair Labor Standards Act (FLSA), was filed in the U.S. District Court for the Western District of Missouri after an investigation of the company’s chicken processing plant in Cassville, Mo. by the department’s Wage and Hour Division.

In addition to seeking back wages and liquidated damages for current and former employees at the Cassville plant, the complaint also seeks an injunction restraining George’s Processing, Inc. from future violations of the FLSA at all its other facilities.

This is the third lawsuit since May 2002 against a poultry processor for 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 lines starts running, but are not paid for the time spent putting on the gear or cleaning up at the end of the day. The department contends that this “donning and doffing” time is work time that must be compensated.

The department filed a similar suit against Tyson in May 2002. At the same time, Perdue Farms agreed to settle a lawsuit by changing its practices and paying back wages to 25,000 workers. The case against Tyson is ongoing.

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 (1866-487-9243). Information is also available on the Internet at www.wagehour.dol.gov.

# # #

_________________________________________________________________