Garcia v. Tyson Foods, Inc.

255 F.R.D. 678, 14 Wage & Hour Cas.2d (BNA) 1036, 2009 U.S. Dist. LEXIS 11802, 2009 WL 352603
CourtDistrict Court, D. Kansas
DecidedFebruary 12, 2009
DocketNo. 06-2198-JWL
StatusPublished
Cited by7 cases

This text of 255 F.R.D. 678 (Garcia v. Tyson Foods, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Kansas 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., 255 F.R.D. 678, 14 Wage & Hour Cas.2d (BNA) 1036, 2009 U.S. Dist. LEXIS 11802, 2009 WL 352603 (D. Kan. 2009).

Opinion

MEMORANDUM & ORDER

JOHN W. LUNGSTRUM District Judge.

Plaintiffs, individually and on behalf of others similarly situated, filed this wage and hour suit against defendants alleging violations of the overtime provisions of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., violations of the Kansas Wage Payment Act, K.S.A. § 44-313 et seq., and claims for quantum meruit and breach of contract. Plaintiffs, all current or former employees at defendants’ beef processing fa-[683]*683cUities in Holcomb, Kansas (“Holcomb facility” or “Finney County facility”) and/or Em-poria, Kansas (“Emporia facility”), allege that defendants failed to compensate them for time spent performing compensable activities such as donning and doffing required protective clothing and gear; cleaning equipment; walking to and from the changing area, work areas and break areas; waiting for the production line to operate; and performing production work during unpaid meal periods.

This matter is presently before the court on plaintiffs’ motion for class certification and conditional collective action certification (doc. 716). After considering the parties’ written submissions as well as the oral arguments presented by the parties at the January 26, 2009 motion hearing, the court is now prepared to resolve plaintiffs’ motion and, as set forth in more detail below, the court grants the motion.

I. Background

Tyson operates numerous beef processing facilities throughout the United States, including facilities in Holcomb, Kansas and Emporia, Kansas. The Holcomb facility employs approximately 2500 hourly production workers and, until recently, the Emporia facility employed approximately 2000 hourly production workers.1 The vast majority of these hourly production workers are required to wear protective clothing and gear, though not all employees wear the same protective clothing and gear. Indeed, numerous combinations of required clothing and gear exist depending on the employee’s job position. In addition, some hourly production workers elect to wear or utilize certain “optional” clothing and gear depending on the employee’s job position. A large number of hourly production employees at these facilities use knives in performing their job functions. Knife-wielding employees are required to sanitize their knives and related equipment and gear prior to beginning production work. They are required to rinse their knives and related equipment and gear at the end of the day.

The vast majority of hourly production workers at these facilities are paid on a “gang time” basis; that is, they are paid for only that time when the production line is moving. Typically, gang time is seven hours and fifty-six minutes, although production time sometimes varies. On some occasions, supervisors may exercise their discretion to pay hourly production workers for time beyond gang time. In addition, Tyson pays knife-wielding employees and employees who work in knife-wielding departments an additional 4 minutes of time per shift to compensate these employees for time spent donning and doffing clothing and gear.2 The parties refer to these extra minutes as “K Code” or “K time.”3 As a general rule, however, Tyson does not pay its employees for time spent performing activities outside the movement of the production line, including actual time spent donning and doffing protective clothing and gear; rinsing and sanitizing knives and equipment; and walking to and from the production line. Indeed, Tyson does not record the actual time its hourly production workers spend donning and doffing clothing and gear; rinsing and sanitizing equipment; or walking to and from the production line.

Plaintiffs in this case allege that Tyson, by failing to compensate its hourly production workers for all time worked, has denied wages and overtime pay to those employees.

II. Class Definitions

Plaintiffs initially moved for conditional certification of their FLSA claims as a collective action on behalf of the following class:

[684]*684All current and former hourly employees of Defendants who worked at the Holcomb or Emporia facilities in the last three years and who were paid on a “Gang Time” basis and/or paid for their donning and doffing activities on an “average time” basis.

At oral argument, plaintiffs modified the class definition to include the phrase “plus applicable tolling” after the phrase “in the last three years.” Tyson did not object to the definition proffered in plaintiffs’ motion and did not object to the modified definition proffered at oral argument. During oral argument, the court and the parties discussed (in response to Tyson’s argument that plaintiffs’ state law claims were inherently incompatible with and otherwise preempted by plaintiffs’ FLSA claims) whether the class definition could be further modified to avoid any potential overlap with plaintiffs’ state law claims.

As clarified by plaintiffs’ counsel at oral argument in response to Tyson’s concerns, the relief sought by plaintiffs under state law in no way overlaps with the relief sought by plaintiffs under the FLSA. According to plaintiffs, plaintiffs seek relief under the FLSA only for uncompensated time beyond 40 hours in a particular workweek. In other words, plaintiffs’ FLSA claims seek redress only for overtime violations. For example, if “gang time” for one particular week was 40 hours, but employees spent 2 additional hours that week on donning, doffing, washing and walking activities for which Tyson did not compensate them (other than on an average time basis), then plaintiffs, according to their theory of recovery, worked 42 hours that week and would seek relief under the FLSA for the two hours of overtime (minus whatever average time they received) for which they were not compensated. The class definition with respect to FLSA claims, then, must be limited accordingly. In analyzing plaintiffs’ motion for conditional certification of the FLSA claims, then, the court considers whether to conditionally certify a collective action on behalf of the following class:

All current and former hourly employees of Defendants who worked at the Holcomb or Emporia facilities in the last three years plus applicable tolling and who worked more than 40 hours in one or more workweeks (including time spent performing off-the-clock activities, including but not limited to donning, doffing, washing and walking) and who were paid on a “Gang Time” basis and/or paid for their donning and doffing activities on an “average time” basis during one or more of those workweeks.

With respect to their state law claims, plaintiffs propose certification as a class action on behalf of the following class:

All current and former hourly employees of Defendants who worked at the Holcomb or Emporia facilities from May 15, 2001 to the present, who were paid on a “Gang Time” basis and/or paid for their donning and doffing activities on an “average time” basis.

Tyson did not object to this definition. One modification of the definition, however, is required. Plaintiffs’ proposed class definition extends back 5 years from the filing of plaintiffs’ complaint.

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Bluebook (online)
255 F.R.D. 678, 14 Wage & Hour Cas.2d (BNA) 1036, 2009 U.S. Dist. LEXIS 11802, 2009 WL 352603, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garcia-v-tyson-foods-inc-ksd-2009.