Source: Rita Jane Gabbett, MEATINGPLACE, 6/8/15

The Supreme Court on Monday agreed to hear Tyson Foods’ challenge to a $5.8 million judgment against the company regarding paying workers for time spent donning and doffing protective gear before and after line work. 

The case involves more than 3,300 current and former hourly workers who have been employed at the company’s Storm Lake, Iowa, plant since Feb. 7, 2005.

Tyson spokesman Worth Sparkman explained to Meatingplace why the company has taken the case all the way to the Supreme Court.

“We were initially involved in this case because federal wage and hour laws are not precise in determining how to compensate certain activities. However, we’re now addressing another aspect of the case: whether there’s enough evidence for the case to be certified as a collective or a class action,” said Sparkman. “Since even the federal courts of appeal are divided over the requirements necessary to be part of such cases, we asked the U.S. Supreme Court to get involved. We’re pleased our request has been granted and look forward to presenting our position.”

Tyson argued earlier in a reply brief that the Eighth Circuit Court of Appeals improperly certified a class by averaging a sample that included uninjured class members, in conflict with other circuit courts.

The company contends hundreds of members were included who were not injured and would receive zero damages in an individual lawsuit.

Oral arguments and a ruling are expected in the court's next term, which begins in October and ends in June 2016, according to Reuters.

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