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Tyson Agrees to Settlement Terms with Workers in Unpaid Overtime Class Action Lawsuit

WICHITA — After almost six years of legal challenges to a $5.8 million award against Tyson Foods, the company finally agreed to settlement terms to resolve a class action unpaid overtime lawsuit involving thousands of current and former workers who claimed the defendant failed to pay the employees all their due wages. Tyson Foods, based in Springdale, Arkansas, tried twice to overturn the award on technicalities in the Court of Appeals and most recently, the U.S. Supreme Court but was soundly rejected.

Tyson Foods agreed to have a third-party administrator handle the disbursement of the $5.8 million judgement amongst almost 4,000 current and former employees, with each employee receiving and average amount of approximately $1,700. There is no timetable as of yet when the funds will actually be dispersed ,but the news is welcome to so many who waited a decade to recover all their hard-earned pay.

The unpaid overtime class action lawsuit, originally filed in 2007 in federal District Court for the District of Northern Iowa, claimed that Tyson Foods shortchanged workers by refusing to compensate employees for the time it took them to change in and out of protective clothing necessary to perform their duties. Known as donning and doffing, courts across the country have handed down substantial rulings in favor of plaintiffs.

The plaintiffs won their case in 2011, but the defendants quickly appealed the ruling. In 2013, a federal Appeals Court sided with the plaintiffs, after which Tyson Foods appealed again to the Supreme Court, challenging the manner in which damages were calculated and the size of the class allowed by the courts. In a 6-2 decision, the Supreme Court sided with the plaintiffs once more.

Even after the defeat in the Supreme Court, Tyson Foods went to a lower District Court asking for a new trial to calculate damages. That court refused to hear the case and Tyson Foods finally decided to comply with the original verdict from 2011.

Unpaid Overtime Lawsuit

Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.

Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.

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