EL DORADO, Ark. (AP) — Lawsuits on behalf of Pilgrim's Pride Corp. workers in Kentucky and nine other states seeking payment for the time they spent putting on and taking off protective gear have been consolidated and moved to a federal court in El Dorado.
The lawsuits, including one filed by the U.S. Labor Department, claim workers arrive at their job sites early for their shifts so they can put on protective and sanitary equipment. The workers also use unpaid time to take off the gear, court documents show. Pilgrim's Pride, the nation's largest poultry producer, claims putting on and taking off gear is not work.
''These actions qualify as compensable work because the donning, cleaning and doffing of protective and sanitary equipment and gear is required by Pilgrim's Pride, the United States Department of Agriculture, or the nature of the job,'' the consolidated complaint states.
Lawyers are seeking class-action status for the lawsuits. The actions were consolidated and moved to El Dorado on Friday.
In its response to the lawsuits, Pittsburg, Texas-based Pilgrim's Pride acknowledges some workers have to don certain clothing prior to production. But the company objected to attempts to consolidate lawsuits over the matter and argued that a class action should not be certified.
In August, the Labor Department sued the company to collect $3 million in back wages owed to more than 500 current and former workers. The department claims the company failed to pay overtime for donning and doffing and that the company hadn't kept accurate overtime records since August 2005.
Plaintiffs' attorneys want to expand the lawsuit to all current and former workers at Pilgrim's Pride chicken processing plants who have held non-exempt positions since April 20, 2003. In addition to unpaid wages, the suits seek damages, court costs and attorney's fees.
Pilgrim's Pride claims the suit should be dismissed, based on decisions made in similar cases, and wants the plaintiffs to reimburse them for their attorney's fees.
Pilgrim's Pride employs 55,000 people and operates 37 chicken processing and 12 prepared-foods facilities. Besides Kentucky, plaintiffs claim workers weren't fully paid at facilities in Arkansas, Alabama, Georgia, Louisiana, North Carolina, Tennessee, Texas, Virginia and West Virginia. Plaintiffs are named from at least 22 facilities.
