Butterball Defense Stands In FLSA Don, Doff Action

Law360, New York (August 26, 2010, 4:13 PM EDT) -- Three former Butterball LLC employees have lost their bid to strike the poultry producer's defense that it is not liable for recording insubstantial amounts of time workers spend donning and doffing equipment and to apply the U.S. Department of Labor's continuous workday rule to their collective action.

Judge J. Leon Holmes of the U.S. District Court for the Eastern District of Arkansas on Wednesday denied the plaintiffs' separate motions for partial summary judgment on Butterball's de minimis defense and for summary judgment on the application of...
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