Donning and Doffing Class Certified; U.S. Supreme Court Declines to Review Compensation Ruling
A federal court in Arkansas has reportedly certified a class of poultry-processing plant workers who allege that the company has violated federal and state employment laws by failing to compensate them for the time they spend donning, doffing and sanitizing required gear and equipment, as well as walking to and from the production floor and performing other job-related duties. Garner v. Butterball, LLC, No. 10 01025 (E.D. Ark., decided February 22, 2012). The plaintiffs apparently demonstrated that their claims met all of the class certification requirements, although the court modified the class definition to account for statutes of limitations applicable to claims filed under the Federal Labor Standards Act and Arkansas Minimum Wage Act. Thus, the class has been defined as hourly production employees who worked at two Butterball plants “at any time since October 1, 2006, through the date of final judgment in this action.”
Meanwhile, the U.S. Supreme Court has denied a petition to review a Fourth Circuit Court of Appeals ruling that time spent donning and doffing poultry-processing safety gear at the beginning and ending of work shifts is compensable. Mountaire Farms, Inc. v. Perez, No. 11-497 (U.S., decided February 27, 2012). The Fourth Circuit held that donning and doffing protective gear at meal breaks was not compensable, however, and also determined that because the company’s violations were not willful, the two-year statute of limitations would apply to back pay claims. See Mealey’s Class Actions, March 2, 2012.
