Employment and FLSA Litigation - Written by Beasley Allen on Thursday, October 6, 2011 13:03 - 106 Comments

Tyson Food Paying $32 Million To Settle Safety Gear Lawsuit

Tyson Foods Inc. will pay $32 million to settle a long-running dispute over whether it should compensate poultry plant workers for time they spend putting on and taking off protective clothing. In a consent decree filed in U.S. District Court in Columbus, Ga., Tyson agreed to make payments averaging around $1,000 per worker to about 17,000 current and former employees around the country. This case has been in court for 12 years.

The workers accused Tyson of violating the Fair Labor Standards Act by failing to pay them for time spent putting on and taking off gear they were required to wear to protect themselves and the poultry. The union, which helped bring the , said that current and former Tyson workers would receive payments averaging about $1,000. A federal district judge in Georgia has approved the .

Workers who sued the Springdale, Ark.-based company claimed meatpacking and food processing employees were deprived of thousands of dollars in lost pay for time they spent donning and doffing safety gear. Tyson settled a similar dispute last year with the Labor Department by agreeing to change its compensation policy. The company has 117,000 workers worldwide. This was announced by the United Food and Commercial Workers Union.

While we are not involved in this particular case involving Tyson Foods, lawyers in our firm routinely pursue class action under the to recover unpaid overtime wages.

For more information about the and the type of help available to workers who have been wrongly denied their overtime compensation, contact Larry Golston, a in our Consumer Fraud Section, at 1-800-898-2034 or Larry.Golston@beasleyallen.com. You can also visit our website at www.beasleyallen.com.

Source: Huffington Post



106 Comments

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carlotta champ
Oct 20, 2011 22:17

i wanna to know do tyson in glen allen virgina get some of that 32million . everyone wants to know i work at that plant i think we should get some of that money every plant is the same way .

carlotta champ
Nov 9, 2011 12:06

i just got my portion of the lawsuit ita was 300 i thought it was a 1000 where is the rest of my money and they took taxes out i need my money

calvin ewing
Nov 10, 2011 18:52

I work at tyson foods in shelbyville tn. tyson gave me a number to call, about the lawsuit. u get a recording saying u may get more info, before nov. 30. 855-300-622
does anyone know more.

calvin ewing
Nov 10, 2011 18:53

855-300-6220

Maxine Mcreynolds
Nov 20, 2011 10:52

I wnat to know if anybody at the Jacksonville plant can get the claim? because the plant closed down and alot of people have a change of address could some body answer that plz

Deborah
Nov 29, 2011 11:23

I worked at Tysons in Arkansas, and cannot get any info from Tysons, or the labor board. I was never given any paperwork to join a lawsuit, or any numbers to get information, I do know that others working at the plant recently received a $300 check and they did not fill out any paperwork either. They received it as a “bonus” which Tysons doesnt do. How clever. i want my money that i earned and is due to me.

shundra
Dec 14, 2011 19:35

call 18004457890 and there is a recording letting you know the status but they say if a consent form wasn’t filled out by 2009 its to late to join

peter koeppe
Dec 19, 2011 23:53

I am a former employee of tyson foods in waldron, ar and i was there in 2009 and filled and signed lawsuit papers, do or can you help me find out why i did not get any money that was owed to me

Renee Ewing
Jan 18, 2012 22:54

I worked at Tyson Foods and I was there also in 2009. I also filled and signed lawsuit papers and sent them in to the address on the paper. I called the number , I waited and the the person I talked to told me I was not on the list. This is a 12 -year- old litigation. Why are they denying people that worked there at the time there wages? It’s not fair and unconstitutional. We have a right to our wages due!!!!!! We all need to stand together and get something done about this.

mr
Jan 19, 2012 22:15

have anybody got paid yet?

HOWARD LEWIS
Feb 18, 2012 17:17

I FILE MY W2 WITH TYSON, SO WHEN WE GET PAID SINCE THE SETTLEMENT HAS BEEN WON.

DSR
Mar 9, 2012 18:10

I worked at tyson in ar for 13 years… shouldn’t I get more than say someone who only worked there a year? I recieved and mailed back a W4 form a couple of months ago, how long till I get a check?

Nicole Morrow
Mar 12, 2012 6:55

I myself filled out a W2 form and that is been over 3 months ago and i still have not received any compensation. I dont understand what is taking so long!

cathy
Apr 4, 2012 11:43

My husband received the W-4 because he worked at the North Little Rock plant in Arkansas and qualified for the settlement. When we contacted a live person-after we mailed the form back on March of this year- we were told that the payments are scheduled to be sent out starting in June of this year. They said there will be 2 checks in the packet sent out. The first check is for the overtime wages and taxes will be taken out; hence the w-4. The second check is for damages and is not subject to taxes.

Paula
Apr 27, 2012 13:14

Well I filed my w 4 and was told in a letter that first check is taxed and the second one you have to pay to the taxes on hence why they are sendin a 1099 with them and when are they sending out checkes …and I never gotten a number to talk to a human on the phone ….and if anyone has it please post thanks

Paula
Apr 27, 2012 13:21

DOES ANYONE HAVE THE INFORMATION WITH THE LAWYERS NAMES AND NUMBERS… ON IT PLEASE POST
CALLED THE 855-300-6220 NUMBER THEY ARE SAYIN SOMETIME FALL 2012 FOR CHECKS

Larry
May 2, 2012 20:47

I was wondering when are we actually going to receive our checks. First they were saying sometime in June or the end of June 2012. Now they are saying by the Fall 2012. Some of us can not wait that long. We are needing our money, and we need it now. Who can we contact about this?

DSR
May 8, 2012 19:23

thanks Cathy… maybe I can quit checking my mailbox every day now… untill June that is. :)

HAZEL BLANCHE RICHARDSON
May 16, 2012 19:55

My name is Hazel Richardson and I am one of the former employee’s of the Tyson Chicken Lawsuit in Center Texas. I am inquiring about the settlement and payments. If you could please email me and give any information that pertains to me about the setttlement i would greatly appreciate it. You can contact me if needed at 936-554-1751. You can also send any information to the above email and I will get back with you as soon as possible.

Sincerely,

Hazel Blanche Richardson

elouise tolbert
May 17, 2012 12:42

if im not mistaken we arent to discuss the settlement with noone but attorneys and family so whats up u havent received the money yet be careful

Wendi Lewis
May 17, 2012 13:15

Regarding the Tyson Foods FLSA Class Action Settlement –

Beasley Allen is not handling these cases. Outten & Golden, LLP is handling these cases. You can contact them by phone or email as follows:

Outten & Golden, LLP
212-245-1000
http://www.outtengolden.com

Thank you for your interest in this case!

DSR
Jun 2, 2012 17:23

Anyone get a check yet? it’s JUNE!

LaSonya Bibbs
Jun 20, 2012 13:08

The checks will be mailed out in September 2012.

DSR
Jun 25, 2012 11:18

September???? really!!! dang it. I was gonna have a good summer with that money… oh well later is better than never I guess.

Hnaeefa Nsbeeliah
Jun 28, 2012 10:31

I am a former worker from the Obion County Tyson Pl in TN

So much went on with my car in the plant I had to leave my job . For what ever reason someone kept stabling my tires . Each time I got them fix which was nearly daily . They finally lifted the hood and stabled holes in all my hoses under the hood causing my car to be totaled out . I have to leave it behind in TN I left .

No one ever did a thing about it after numerous reports. I was to worried to return to work I loved on a really dark back road out there my car broke down after I get off work a nearly 1 am that was not good at all .

tham xaiyasombath
Jul 12, 2012 13:30

could someone please email and tell me how to get my check cuase i never got one its now 2012

tham xaiyasombath
Jul 12, 2012 13:34

could someone please email me at xaiyasombathmoukda@hotmail.com and give me more info on this settlement i worked for tyson for over 9yrs. i still havent seen a check or heard anything else from them since the settlement started like in 2008 maybe im not sure but if anyone has more info please email me or call me at 615 506 2919 thanks

looneydeer
Jul 18, 2012 10:22

Still no check!!!

clayton
Jul 23, 2012 14:46

I am a former employe and I was never given the chance to join the lawsuit what can I do?

B.Nel
Jul 27, 2012 14:34

I’m still waiting on my check for the N.L.R plant. I have not heard a word or received a letter of whats going on..

king
Jul 30, 2012 12:31

I worked at the north little rock plant and hadnt received my check yet will it be sept.

iwantmoney
Aug 1, 2012 15:02

i worked at the robards ky plant still havn’t received any money what number can i call to speak to a lawyer or someone to give me a for sure time frame i’ve heard it all now for five years since i filled out my original paper work my w4 was mailed back in feb of this year i want $$$$$$

shundra
Aug 6, 2012 22:09

suppose to be mailed out on aug. 27 so maybe later in the week or september

netta
Aug 10, 2012 16:10

I heard the same thing I talk to someone on the phone she said Aug.27 or the first week of September.

DSR
Aug 10, 2012 21:33

I recently moved… do you suppose they will forward that check, if not, who do I send my new address to?

netta
Aug 12, 2012 17:15

You need to call (855)300-6220 and give them your new address.

kristen
Aug 13, 2012 13:30

i used to work at the van buren plant in arkansas…i have not heard anything can sumone pls give me the num who is in charge of arkansas plants

DSR
Aug 14, 2012 7:31

thanks netta! lets all pray they send those checks in sept

FABO
Aug 17, 2012 22:57

IT’S MY MONEY AND I NEED IT NOW!!!

netta
Aug 18, 2012 7:47

PRAISE GOD.

Edith Jane Armstrong
Aug 21, 2012 17:14

giving you my email address to be updated on my check. Thank You

DSR
Aug 23, 2012 6:04

anything new??? no word here yet.

Keke
Aug 27, 2012 19:46

September the 4th is what that number says when i call

Rayford johnson
Aug 29, 2012 12:06

I have worked for tyson

since 2008 but I have not got a letter will I still get a check

CHRIS CUNNINGHAM
Aug 29, 2012 15:52

they said sept 4th checks will be mailed i guess i will hAVE TO WAIT AND SEE I REALLY NEED IT BUT I KNOW ITS NOT 1000

Jenn
Aug 30, 2012 15:25

I hope it’s enuff..the recording says it will be two checks sent out.

SOglesby
Aug 31, 2012 10:56

I heard one was a $1000 and the other a be taxed so it will vary from person to person.

Terry
Sep 1, 2012 18:10

September 4th is when they say they will be sent

Christine
Sep 3, 2012 0:45

Who all gets the checks? Someone just told me about this on August 31st. Since I am a former employee, do they send me a check? If I no longer live at the same address, will I still get the check?

Jenn
Sep 4, 2012 23:05

Checks were mailed Sep. 4, 2012…yay

Jenn
Sep 4, 2012 23:06

Praise God for this..li really need the money..

michelle
Sep 5, 2012 5:55

sorry christine, but there was a deadline for you to fill out a w-4.

Tiffany Derrick
Sep 5, 2012 10:54

I just got off the phone and reward checks were for sure mailed the 4th(yesterday) and they were mailed first class and if you havent received them by the 17th then to call them back 855-300-6220

cathy
Sep 5, 2012 11:09

Yes, the checks were mailed yesterday (Sept 4) from Florida. They were sent via regular mail, so maybe about 3-4 days mailing time depending on where you live. We moved in Feb this year( live in North Little Rock, AR), so we called and changed the address with them in March after we mailed back the w-4. The recording says it is too late to change your address, but if you forwarded your mail, then you should still receive the check; they do say to leave a recording with your new address and contact information just in case it gets sent back to them so they can re-mail it to the proper address.
As soon as we get the check, I will post how long it took to get it from the 4th and how much each one was..maybe that will help some people know when theirs should come and we can compare amounts based on time at Tyson.

michelle
Sep 6, 2012 5:58

That’s a great idea Cathy.

JT
Sep 6, 2012 13:12

Praise God, I just received my settlement……In the form of 2 checks, One for Liquidated Damages and another for back pay….Also just to let you all know, the back pay was taxed, and The Liquidated check has been reported to the IRS, you are responsible for paying any taxes owed when you file your next tax return…..Also the checks are written on Huntington national bank….

marry
Sep 6, 2012 13:40

what state you from jt

Jenn
Sep 6, 2012 13:51

I got my check today..that little money I got is nothing to brag on :(

Jenn
Sep 6, 2012 13:52

But like JT…Praise God ..i got wht I got..

JT
Sep 6, 2012 14:01

I live in Jackson Ms….

JT
Sep 6, 2012 14:03

I worked at Tyson for 9 years, hit em pretty hard!!!!$$$

Billy
Sep 6, 2012 14:36

I think everyone is going to get screwed. The amount people got back that was a little bit probably had more coming to them. However, once the lawyers got their greedy hands on it, it lowered the amount. I think everyone should send a letter to complain. All the lawyers did was use us to get paid……so far it has worked.

Keke
Sep 6, 2012 15:35

Is everyone gettn 1000

marry
Sep 6, 2012 16:05

i am not trying to be nosey but did anyone get a thousand dollars on the liquidated check

marry
Sep 6, 2012 16:07

jenn were you live at

marry
Sep 6, 2012 16:08

i am just very curious about the amount they are sending aout i live in tn and i worked at tyson for 2 years

Keke
Sep 6, 2012 16:28

Im curious too

marry
Sep 6, 2012 16:30

keke were you live and how long did you work at tyson

nick
Sep 6, 2012 16:33

Do you have to sign for the checks?

marry
Sep 6, 2012 16:34

did anyone get a 1000 on either check

Keke
Sep 6, 2012 16:34

I live in Texas a year

marry
Sep 6, 2012 16:39

if either or was a thousand dollars i would be happy somthing is better than nonthing

marry
Sep 6, 2012 16:42

i hope i get mine friday and if i do i will put both amounts on here so people will have an idea

Billy
Sep 6, 2012 17:08

I have a friend who got back 360.00 total an that was for both checks. He worked at tysons for three years.

marry
Sep 6, 2012 17:10

wow thats crazy to wait that long to get that much

marry
Sep 6, 2012 17:12

thanks billy for that info

Jenn
Sep 6, 2012 17:12

I live in MS.

Billy
Sep 6, 2012 17:20

Your welcome Merry. Also, my sister called me and said she got back $300.00 for both checks. What is going on?! When I get mines, I am going to let people know as well. I think it is wrong for anyone to get less than $1000.00. I talked to one of the lawyers and she was talking like they are doing us a favor. We all deserve more than what they are sending us. Do anyone agree?

nick
Sep 6, 2012 17:29

Damn is that 360 a piece or Is that added toghther

Billy
Sep 6, 2012 17:54

That is 360 added together.

Belinda
Sep 6, 2012 18:09

I live in MS and everyone I talk to got over a 1000 but I got nothing I been at tyson going on 8 year and when to the meeting some got the money and dint sign nothing so what’s up with that

Lisa
Sep 6, 2012 19:19

Belinda, I am one of those who went, signed up, and was told there was no paperwork on me. Others did not go and said they received confirmation of a settlement. Barrett, Johnston law firm in Nashville could not tell me why or where the initial application to participate went. I know where the money went, though: to the lawyers.

tiffany derrick
Sep 7, 2012 10:02

Got my check today but not sure the amount yet…Will post it as soon as i get from my mothers house…Im an arkansas resident

cathy
Sep 7, 2012 12:32

I live in north little rock, Arkansas and my husband got his checks today..granted, he only worked there for about 4 months and the 2 checks checks barely totaled $25..although he worked more than 40 hours each week there for those 4 months…oh, well, at least the lawyers got rich, lol.

christina
Sep 7, 2012 12:44

I worked at the nlr plant i hadn’t received mine yet…is there a number we can call to see
How much we getting

indy
Sep 7, 2012 13:00

well i think it ashame to wait this long and only the lawyer get all the money a $6.00 check come on what is this??????

Jake
Sep 7, 2012 13:15

I live in Tennessee. I worked at the Tyson factory in Union City, Tn. I received my two checks today. Each check was (estimated) $25. What gives? I thought we were supposed to get $1000 on the liquidated check? Where has all of this money gone?

Gina
Sep 7, 2012 15:04

Its terrible people worked at Tyson over 10 years and didn’t know anything about this lawsuit. Most was denied. I feel everyone should get some of this money. Some were told if they apply they would be terminated. I think we should all stick together and do something about this. People that’s not employed with Tyson are the ones getting the bigger checks. I’m from Mississippi and wants to know why everyone is not getting checks.

Percy
Sep 7, 2012 15:42

we just got screwed….they used us to get the greater portion….if that money was to be divided up equally among the 17,000 people it would of been more than a lousy 300.00….GOD will repay them for there usury!!…I guess its true not to put your trust in man!!

Billy
Sep 7, 2012 15:56

I told everyone how they were paying people. I got mines today. One was for 197.00. The other 184.00. I tell ya, those lawyers used every single one of us. We ought to all regroup, get a lawyer and have this looked into!

DSR
Sep 7, 2012 16:11

I live in MO and still no check… I was there 13 years in all… I will post when I get mine… hopefully tomorrow

christina
Sep 7, 2012 17:01

Mine was 187 and 194 something not right

marry
Sep 7, 2012 21:17

mine was 104 and 110 and it was gone as soon as i cashed it to wait all these years to get 214.00 wow

marry
Sep 7, 2012 21:17

i worked there almost three years

marry
Sep 7, 2012 21:19

i also worked at the union city tn
tyson

JT
Sep 7, 2012 22:20

I’m so heart broken by the testimonies…….I worked at McCarty farms, before Tyson came into play….I think that is where all the confusion comes into the fling of the law suit….My start date at McCarty was Jan./95……Worked 9 years on the debone line(wing cutter) for nine years of course Tyson had intervened by then…..Hell some times I worked ”DOUBLE” shifts….80 hrs per week……Dam near dead, but young and wanted something out of life…..What a lot of you are not understanding is, the amount of ”BACK PAY” , was evaluated upon how long/how many years….”THE COMPANY”…. was screwing us as far as taking off our gear, and the time they estimated for us wing cutters to get on the line….”DEBONE”???? without debone to cut the wing, pull the breast down, there is no way to pull tenders, and pull breast……..We wing cutters, (a long with the inveters and line loaders) Controlled the line process, So of course (”WE GOT SCREWED THE MOST)…….It hurts me to my heart to read people say, I got so little……If you were a QA or a leadman, of course you would receive less from the settlement as far as (back pay goes)….Now the Damages is for basicly……! Pain and suffering………………..God bless you all………….I hit them very hard on the settlement$$$$$$$$$$$$$$$…………………….9 years, God always makes his debut !!!!!!!!!!!

nick
Sep 8, 2012 6:48

I was only there a couple months maybe and I got like almost 90 dollars

JASON
Sep 8, 2012 8:46

MY NAME IS JASON COFFEY WHEN THEY SINGED THE PAPER WORK AN EMPLOYEE TOLD ME NOT TOO SIGN THE PAPERWORK IF I DID I WOULD NOT GET ANYTHING IF I STILL CAN GET SOMETHING MY ADDRESS IS 141 BENNETT ST Heflin AL 36264 I WORK THERE IN 1993 TO 1999 WENT BACK IN 1999 UNTIL 2007 MY Phonenumber IS 2562017333.

Jill
Sep 8, 2012 21:46

I only worked there for one year and a half, but my aunt worked there for over 25 years. She signed her papers and then retired. She got over 20,000 dollars for her settlement check and close to 3,000 for her back pay. She cleaned up nice, but they did this totally not the way the letter read. I am the wife of Percy who is totally pissed; we planned a trip to New York with that money…SMH…

sharon Oliver
Sep 8, 2012 23:13

I want to know why I wasn’t eligible I sent in every piece of form and got nothing worked four years in Arkansas my friend got $4500 and she worked four years I want some answers

LaTonya
Sep 8, 2012 23:26

I been with Tyson since 2005 I didn’t receive anything! Its not fair!

DSR
Sep 9, 2012 5:30

I worked there for over 12 years and got two checks, one for $91 and one for $97. not going to say I”m not disapointed, but I”m still greatful for all god has given me. Trust in god, not big companies.

alissa
Sep 11, 2012 11:04

wow where did all the money go thought were going to get at least a thousand wow tyson you suck got only 320.00

mah
Sep 11, 2012 12:23

I live in Missouri and am still employed at Tysons for 18 years and I have not seen a check yet. Is there a number you can call to see if you are getting one

Jan
Sep 12, 2012 8:57

I worked @ Tyson in Russellville,Ar, filled out all my papers & sent them in when I was supposed to.
Guess what, I rec’ a letter today that said I would NOT be getting a ck….. WHAT THE HECK????
So I TOTALLY agree with you LaTonya!!!!!!

Janet
Sep 21, 2012 11:55

WTF 25.00 Guess the lawyers gets that money LMAO

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