Garcia v. Tyson Foods, Inc.

534 F.3d 1320, 13 Wage & Hour Cas.2d (BNA) 1638, 2008 U.S. App. LEXIS 15964
CourtCourt of Appeals for the Tenth Circuit
DecidedJuly 28, 2008
DocketNo. 07-3162
StatusPublished
Cited by1 cases

This text of 534 F.3d 1320 (Garcia v. Tyson Foods, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Garcia v. Tyson Foods, Inc., 534 F.3d 1320, 13 Wage & Hour Cas.2d (BNA) 1638, 2008 U.S. App. LEXIS 15964 (10th Cir. 2008).

Opinion

MURPHY, Circuit Judge.

Defendants-appellants Tyson Foods, Inc. and Tyson Fresh Meats, Inc. (collectively, “Tyson”) appeal from the district court’s interlocutory order denying their motion for partial summary judgment. We ordered the parties to submit briefs addressing whether this appeal should be dismissed on the ground that the order appealed from was not final. Tyson argues that we have jurisdiction over the appeal under 28 U.S.C. § 1292(a)(1) because the interlocutory order had the practical effect of modifying an injunction that had been entered against its predecessor-in-interest in another case, to which Tyson was now subject. Tyson’s argument is that (1) the injunction in question requires it to comply with a certain provision of the Fair Labor Standards Act of 1938 (“FLSA”), (2) the interlocutory order denying summary judgment changed how that provision of FLSA is interpreted in the district, and (3) the interlocutory order therefore had the practical effect of modifying the injunction. We disagree. Because we hold the interlocutory order had no precedential effect and could not have modified the injunction, we dismiss the appeal.

I.

Consideration of our jurisdiction over this appeal therefore requires analysis of the interplay between the previous lawsuit in which the injunction was entered and the present lawsuit. The previous lawsuit was brought more than fifteen years ago against IBP, Inc., a company that slaughtered cattle and swine and processed and packaged the beef and pork. It was brought by Robert Reich, the Secretary of the Department of Labor (“Reich Case”) under the FLSA. The second lawsuit is the class-action case presently before us in which the numerous plaintiffs, on behalf of themselves and the class, have accused Tyson, also in the business of slaughtering cattle and swine and processing and packaging beef and pork, of, among other things, violating the FLSA.

In the first phase of the Reich Case, see Reich v. IBP, Inc. (Reich I), 820 F.Supp. 1315 (D.Kan.1993), the district court held that the time spent by the IBP employees donning and doffing of standard protective gear (hard hats, ear plugs, safety footwear and eyewear) (“Standard Gear”), and donning and doffing sanitary outergarments, was not time for which those employees had to be paid under FLSA. The district court, however, also held that the time spent by the IBP knife-wielding employees donning and doffing specialized protective clothing and gear was compensable.

Following certification by the trial court under 28 U.S.C. § 1292(b), this court upheld the district court’s ruling that the donning and doffing of the outergarments and Standard Gear was not compensable. See Reich v. IBP, Inc. (“Reich II”), 38 F.3d 1123, 1125 (10th Cir.1994). We held that donning and doffing Standard Gear was not “work” under the FLSA. Id. at 1125-26. We held that the time spent donning and doffing the protective outer-garments also was not compensable because it was “essentially time used to change clothes” and because the wearing of such outergarments was primarily for the employees’ benefit and, therefore, not “integral and indispensable” to IBP’s operations. Id. at 1126.

In 1996, in the second phase of the Reich Case, the district court entered an [1327]*1327injunction (Reich Injunction) ordering IBP to not employ any employee “for workweeks longer than 40 hours without compensating such employee for his or her employment in excess of 40 hours per workweek at a rate not less than one and one-half times the regular rate at which he or she is employed.” Aplt.App., Vol. II at 470; Reich v. IBP, Inc., No 88-2171-EEO, 1996 WL 445072 (D.Kan. July 30, 1996).

After the Reich Case, IBP and Tyson merged and Tyson succeeded to IBP’s assets and liabilities. As noted above, Tyson’s argument to this court is that the district court’s order denying its motion for partial summary judgment had the practical effect of modifying the above portion of the Reich Injunction. Therefore, despite the fact that appeals from denials of summary judgment are generally dismissed on jurisdictional grounds as appeals from interlocutory orders, Tyson argues that here it is appealing an interlocutory order modifying an injunction, over which we have jurisdiction under 28 U.S.C. § 1292(a)(1).

Tyson argued in its motion for summary judgment that judgment should be entered in its favor as to any plaintiffs claim for compensation for time spent donning and doffing sanitary outergarments and Standard Gear, because Reich II shut the door on claims that those activities were com-pensable. The district court denied summary judgment on the ground that the Supreme Court’s decision in IBP, Inc. v. Alvarez, 546 U.S. 21, 126 S.Ct. 514, 163 L.Ed.2d 288 (2005), cast doubt on the analysis behind our holding in Reich II. The district court held that summary judgment was inappropriate because it was “convinced that the Circuit, if given the opportunity to revisit the issues in Reich [II], would approach its analysis of the pertinent issues differently in light of Alvarez regardless of whether the Circuit ultimately reached the same conclusions concerning compensability.” Garcia v. Tyson Foods, Inc., 474 F.Supp.2d 1240, 1246 (2007). The district court held that it believed this court “might reach a different conclusion on compensability if analyzed in the context of Alvarez,” but that even if we did not, further analysis would be required. Id. (emphasis added). The district court, therefore, did not rule that the time spent donning and doffing sanitary outergarments and Standard Gear was compensable after Alvarez, but simply that Reich II no longer definitively decided the question.

Tyson argues on appeal that the district court’s order denying summary judgment “fundamentally changed the FLSA requirements that are incorporated by reference in the injunction.” Aplt. Br. in Support of Jurisdiction at 8. In other words, it argues: (1) that the Reich Injunction ordered IBP, and now Tyson, to pay its employees — now and into the future — for overtime at a rate not less than one and one-half times the regular rate, (2) how much time and overtime an employee works can only be determined by reference to what work is compensable under present FLSA law, and (3) the district court’s order denying summary judgment “changed the [present FLSA] law and thus the injunction itself.” Id. at 11. It argues:

Prior to the district court’s order, Reich [II] foreclosed any possibility that Tyson could be charged with contempt for failing to compensate employees at non-union facilities for donning and doffing of standard gear and sanitary overgarments that Reich [II ] found to be noncompensable. The district court’s decision here, however, opens the possibility that the DOL could seek contempt charges against Tyson for the [1328]*1328very acts that were deemed noncom-pensable in Reich [II ].

Id. at 12.

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Related

Garcia v. Tyson Foods, Inc.
534 F.3d 1320 (Tenth Circuit, 2008)

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Bluebook (online)
534 F.3d 1320, 13 Wage & Hour Cas.2d (BNA) 1638, 2008 U.S. App. LEXIS 15964, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-tyson-foods-inc-ca10-2008.