Smithfield Don, Doff Action Keeps Collective Status

Law360, New York (September 28, 2010, 2:52 PM EDT) -- A federal judge has adopted a slate of recommendations that trimmed the claims in a donning and doffing collective action against Smithfield Packing Co. Inc., but he rejected the defendants' request to decertify the class.

Judge Malcolm J. Howard of the U.S. District Court for the Eastern District of North Carolina on Friday approved the recommendations of a magistrate judge dismissing all claims outside the Fair Labor Standards Act's two-year statute of limitations.

The magistrate in August recommended dismissing those claims since the plaintiffs failed to...
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