Tyson employees file suit over pay

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By Dustin Lemmon | Friday, January 04, 2008 | No comments posted

Six employees of Tyson Foods, Inc., in Joslin, Ill., have filed suit against the company over time they spend at the plant, but are not paid for.

The plaintiffs, who still work for Tyson, hope the suit filed this week in U.S. District Court, Central District of Illinois, will represent about 2,000 current and former employees at the plant as a class action.

According to the suit, the company does not pay employees working on the assembly line for pre- and post-production activities such as putting on and taking off personal protective equipment, cleaning and sanitizing equipment and walking to the production line from their locker, among other things.

The suit claims the time is compensable under federal and state laws.

Employees John Murray, Diokel Gning, Carol Ndao, Jose J. Sanchez, Daniel Denato and Denise Goodrich are named as plaintiffs.

Gary Mickelson, a spokesman for Tyson, said this is not the first time Tyson has faced litigation over this issue.

“We have not yet been served a copy of the lawsuit, but are disappointed by news of the litigation,” Mickelson said. “Similar suits have been filed against Tyson as well as other companies in the meatpacking industry, and are examples of an ongoing nationwide legal debate over what types of activities are compensable under the Fair Labor Standards Act and under certain state laws.”

The suit asks the court to order an accounting of the plaintiffs’ lost wages, enjoin Tyson from committing further “unlawful practices” related to wages and award lost overtime wages and compensation for other expenses.

Dustin Lemmon can be contacted at (563) 383-2493 or dlemmon@qctimes.com.