Judge Favors Class Cert. In Farmland Don, Doff Suit
By Django Gold
Law360, New York (January 10, 2012, 4:24 PM ET) -- A Nebraska magistrate judge on Monday advised the court to deny Farmland Foods Inc.'s bid for decertification of a collective action accusing the meat packer of stiffing workers on don and doff pay, saying that the employees are similarly situated enough to proceed together.
In a recommendation to the Nebraska district court, U.S. Magistrate Judge Thomas D. Thalken rejected Farmland's arguments that its hog processing plant workers faced varying on-the-job experiences that made collective action impractical.
“The evidence shows the plaintiffs are employed at the same...