TOWNSENDS’ PAY PRACTICES ON THE LINE

Federal Court Ruling Moves Workers’ Case Forward

In June 2008, workers at Townsends’ poultry processing plant in Batesville, Arkansas filed a lawsuit against Townsends for its failure to pay workers for time spent putting on and taking off protective equipment before and after shifts, and during unpaid breaks. The workers’ lawsuit is titled Ford v. Townsends of Arkansas, Inc., and Townsends, Inc.

On April 9, 2010, Judge Brian S. Miller of the United States District Court for the Eastern District of Arkansas certified a collective action under the federal Fair Labor Standards Act, and a class action under the Arkansas Minimum Wage Act. The case now potentially includes thousands of current and former employees at the Batesville plant.

According to Gordon Rudd, an attorney for the workers, “This was an important win for the Batesville workers. Both current and former processing workers at Townsends’ Batesville plant will soon receive a notice telling them they have the right to participate in the case and challenge this Company’s pay practices.“ In collective actions, employees join the case to participate in any potential repayment for wrongly withheld wages.

Rudd also noted, “In similar cases, we have found up to 30 minutes each day is spent working ‘off-the-clock.’ This work is mandatory, and some of it is even required by USDA and OSHA regulations – but unpaid. That’s a violation of federal law.” Poultry and meat processing employers have paid millions of dollars to settle some class action lawsuits; some workers have been awarded thousands of dollars in back pay.

The Arkansas District Court’s Order fell in line with other federal courts that have allowed poultry processing workers to collectively press their claims for all time spent putting on and off all necessary gear worn by processing employees. A related case, Trejo v. Townsends, Inc., was filed in December 2009 in federal court in North Carolina.

Current or former production employees at Townsends’ poultry processing plants can get more information about joining the lawsuit at www.fairpayattorneys.com or by calling 800.890.2902. All calls are kept confidential, and translators are available for those who do not speak English fluently. The Court’s order and the complain are also available at www.fairpayattorneys.com. The workers are represented by the law firms of Zimmerman Reed, PLLP, of Minneapolis, MN and Larson King, LLP of St. Paul, MN.