Tyson Foods Meatpacking Plant Workers in Kan. Sue Company, Alleging It Violated Labor Laws
By ROXANA HEGEMAN
The Associated Press
WICHITA, Kan. - Workers at a Tyson Foods Inc. meatpacking plant have sued the company, alleging it violated federal and state labor laws by not paying them for time spent putting on and taking off protective equipment and walking to and from their work stations.
The lawsuit, filed late Monday in Kansas City, Kan., lists 262 current and former workers as plaintiffs. Most of the plaintiffs are Hispanic immigrants.
"To the extent a company like Tyson may feel that is a work force that is vulnerable and may be taken advantage of that is a question in our mind," said attorney George Hanson. "The status of these individuals as to national origin has no bearing on issues in the case as to whether they are paid for their time. I find it troubling a company as large as Tyson ... would take advantage of its work force."
Attorneys with Siegel Hanson Woody LLP in Kansas City, Mo., cited a unanimous Supreme Court decision on Nov. 8, 2005, involving Iowa Beef Processors, in which justices ruled that that meat plant workers had to be paid for time required to remove protective clothing and gear and to walk to and from their work areas. Tyson acquired IBP in 2001.
Last week, a poultry processing plant in Cassville, Mo., agreed to pay more than $1.2 million in back wages to 5,482 current and former employees for time they spent putting on and removing protective clothing and walking to and from work stations.
Tyson spokesman Gary Mickelson said Tuesday the company had not seen the Kansas lawsuit.
"We can tell you we believe we take all necessary steps to pay our team members for all the time they work," Mickelson said.
Mickelson said the company has been paying for an additional for four minutes of pre- and post-work activity at the Holcomb plant since the late 1990s, when it resolved a wage and hour dispute with the U.S. Department of Labor. Hanson said that same four-minute rule was in place before the recent Supreme Court case, and justices found that employees were owed more time.
Attorney Eric Dirks, an attorney for the workers, said unpaid time varied depending on specific jobs.
Tyson is the world's largest chicken, beef and pork processor. It operates 21 plants in North America and employs nearly 41,000 people. The Holcomb facility has 2,500 workers.
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