8th Circ. Nixes Tyson Workers' Jury Issue In FLSA Suit

Law360, New York (September 4, 2012, 5:36 PM EDT) -- The Eighth Circuit held Tuesday that an appellant can't challenge a jury instruction for being a question of law if the appellant initially requested the instruction, backing a verdict against a class Tyson Foods Inc. workers who brought wage claims against the chicken processor.

In the current and former employees’ lawsuit claiming they were not compensated for donning and doffing protective gear while working on a production assembly line for the company’s meat processing facility, a three-judge panel upheld a federal jury’s finding that the workers were properly compensated for the time spent preparing for work.

The employees took issue with...

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