South Carolina poultry production line workers have reportedly sued their employer, claiming they are not paid for the time they spend donning and removing safety gear. According to a news source, the complaint alleges that this can extend a worker’s shift by some 75 minutes each day. The employees also alleged that they are required to stand in line before clocking in to start their shifts so they can purchase the protective gear they need, such as gloves, hair nets, face masks, earplugs, and arm sleeves. Apparently, this gear is damaged regularly while in use, so the workers must buy the supplies at the worksite with a company debit card several times each week.

The employer has reportedly countered that it “does not consider time spent in line for supplies and time donning and doffing the minimal gear as compensable time.” According to the company, which was recently indicted for knowingly hiring illegal workers, the employees are the “primary beneficiaries” of the protective gear. See GreenvilleOnline.com, July 31, 2009.

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For decades, manufacturers, distributors and retailers at every link in the food chain have come to Shook, Hardy & Bacon to partner with a legal team that understands the issues they face in today's evolving food production industry. Shook attorneys work with some of the world's largest food, beverage and agribusiness companies to establish preventative measures, conduct internal audits, develop public relations strategies, and advance tort reform initiatives.

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