Tyson Workers Urge 8th Circ. To Revive Don, Doff Suit

Law360, Los Angeles (February 24, 2012, 8:31 PM EST) -- A class of Tyson Foods Inc. workers who seek pay for time spent donning and doffing protective gear told the Eight Circuit on Thursday that they lost at trial because the presiding judge abdicated a legal question to jurors.

“Tyson prevailed at trial because the district court erroneously allowed the jury to decide the basic legal issue of compensability under the Portal Act,” the workers at a Lexington, Neb., processing facility said in an appellate brief, pointing to a federal labor statute that specifies what type...
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