The mistrial means the case will have to start over. U.S. District Judge Virginia Emerson Hopkins will schedule a new date.

The U.S. Labor Department sued Tyson's Blountsville, Ala., poultry plant in 2002, claiming employees should have been compensated for time spent doing preparatory work including donning and doffing plant gear.

"While this wasn't the ending we expected, it's possible these issues may be presented to another jury," Tyson spokesman Gary Mickelson said in a statement. "If so, we will continue to explain how we believe we are paying our people for all the time they work."

Mickelson added: "This case is another example of an ongoing nationwide legal debate over what types of activities are compensable under the Fair Labor Standards Act and certain state laws. Rather than trying to change wage and hour laws through litigation, we continue to believe the Department of Labor should be asking Congress to change the laws or engage in formal rulemaking."

The jury began deliberating April 1, according to the Birmingham News, and a verdict announced Monday favored the Labor Department. The jury was polled, but Tyson attorneys asked the jury be polled again.

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