Tyson Pays $32 Million To Settle Lawsuit For Time Spent “Donning And Doffing” Personal Protective Equipment
News reports that Tyson Food Inc. has agreed to settle a wage and hour lawsuit for $32 million. The settlement is in response to a complaint filed by workers that Tyson failed to adequately compensated the employees for time spent “donning and doffing” personal protective equipment (PPE). As part of the wage and hour settlement, Tyson has agreed to pay about 17,000 current and former U.S. employees an average of $1000/each. This represents pay for an additional eight minutes each workday needed to put on and take off clothing and equipment.
The federal Fair Labor Standards Act (FLSA) provides that workers are entitled to be compensated for all hours worked, including overtime for all employees who are not exempt under the FLSA. Overtime wages are calculated and one and one-half times a worker’s regular rate of pay. Several donning and doffing lawsuits have been filed across the country, seeking back wages and damages against companies that have failed to pay employees for the time spent donning and doffing safety equipment.
In 2005, the United States ruled that employers are required to pay employees for the time it takes to walk to and from a production line, after putting on and before taking off required safety equipment, as well as the time spent waiting to take off PPE. A failure to compensate employees for this time may be considered a violation of the FLSA.
If you believe that you have not been paid for all your time at work, you may have a claim under the FLSA or other state law. A knowledgeable Atlanta wage and hour attorney can evaluate your case and determine your next steps. For more information contact the dedicated Georgia wage and hour lawyers at Buckley & Klein, LLP.
