Monday, September 10, 2007, 3:19 PM

Court Sides With Tyson Plant in FLSA Suit

From Employment Law360: In a precedential ruling hailed as a victory for potentially tens of thousands of U.S. factory workers, an appeals court has held that a trial judge presiding over a wage dispute blundered by limiting compensable work to strenuous activity. The U.S. Court of Appeals for the Third Circuit ruled that Pennsylvania District Court Judge Robert Kelly misdirected a jury when he instructed it to consider whether donning and doffing work clothes was "cumbersome" enough to warrant pay. The circuit judges, who heard arguments in July and published their opinion Wednesday, sided with Tyson Foods Inc.'s poultry plant workers, ruling the activity was indispensable and thereby constituted work meriting compensation.

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