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The Constitution & The Judicial Branch Discuss U.S. top court rules against Tyson Foods in class action case at the Political Forums; The U.S. Supreme Court on Tuesday handed a loss to Tyson Foods Inc (TSN.N) over the company's challenge to an ...

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Old 03-28-2016, 08:26 PM
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Post U.S. top court rules against Tyson Foods in class action case

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The U.S. Supreme Court on Tuesday handed a loss to Tyson Foods Inc (TSN.N) over the company's challenge to an almost $5.8 million class action judgment in a case won by workers at an Iowa pork-processing facility who contended they were underpaid.

The court, in a 6-2 ruling written by conservative Justice Anthony Kennedy, upheld a 2014 appeals court decision in favor of the workers.

It was one of three closely watched class action cases to come before the court during its current term, with business interests urging the justices to rein in such litigation.

Of the three cases, the court has now ruled in two, with businesses losing both times. In January, the court ruled 6-3 against advertising firm Campbell-Ewald, saying a lawsuit could proceed over claims the company violated a federal consumer law by sending unsolicited text messages on behalf of the U.S. Navy.

In the Tyson case, the court was considering an objection to the use of statistics to determine liability and damages. Critics in the business community have described such use of statistics as "trial by formula" that violates defendants' due process rights, instead of assessing each claim individually for the more than 3,000 current and former employees who are suing.

The narrow ruling turned in part on a 1946 Supreme Court precedent that said plaintiffs can rely on averages in such situations to determine claims under the federal Fair Labor Standards Act.

Kennedy said while corporate defendants "may urge adoption of broad and categorical rules governing the use of representative and statistical evidence in class actions, this case provides no occasion to do so."
U.S. top court rules against Tyson Foods in class action case | Reuters

Tyson Foods, Inc. v. Bouaphakeo : SCOTUSblog

Score one for the little guy...
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Old 03-28-2016, 08:57 PM
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Default Re: U.S. top court rules against Tyson Foods in class action case

I don't understand it?
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Old 03-28-2016, 09:10 PM
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Default Re: U.S. top court rules against Tyson Foods in class action case

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I don't understand it?
Neither do I.
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Old 03-28-2016, 09:22 PM
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Default Re: U.S. top court rules against Tyson Foods in class action case

Apparently no one can determine exactly how much time the employees spent (and were not paid for) walking to their work stations etc. so that was averaged.

At least that is my take on it.

I can't see how Tyson could win that case. It seems like a pretty low business practice to not pay their employees for that.
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Old 03-28-2016, 09:24 PM
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Default Re: U.S. top court rules against Tyson Foods in class action case

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Originally Posted by saltwn View Post
I don't understand it?
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Originally Posted by rjaz View Post
Neither do I.
I am not sure I do either. I see the 2007 lawsuit but that has nothing to do with this, I don't think anyway.

However based on the protest signs in the news article if I was Tyson I would just pay the fines if applicable, send the workers home then close the plant. Just my opinion. The workers are just as guilty for being cruel to animals. No one forced them workers to work there.

TYSON
Cheating workers
Cruelty to animals

Last edited by Kert; 03-28-2016 at 09:44 PM..
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Old 03-28-2016, 10:01 PM
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Default Re: U.S. top court rules against Tyson Foods in class action case

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Apparently no one can determine exactly how much time the employees spent (and were not paid for) walking to their work stations etc. so that was averaged.
At least that is my take on it.
I can't see how Tyson could win that case. It seems like a pretty low business practice to not pay their employees for that.
This is pretty accurate.

Adding on ...
More than 3,000 employees at a pork processing plant in Iowa have reason to celebrate. The employees who felt they deserved overtime pay for time spent putting on and taking off the required protective work clothes got their way on Tuesday.

Tyson had countered by claiming that the workers at its Storm Lake plant were only doing their job on the “kill” floor or the processing or “fabrication” floor. The Supreme Court disagreed with the multinational corporation, however, delivering a 6-2 ruling against it. Had the employee’s suit failed, it could have made it more difficult for workers to band together to challenge pay issues.
https://www.rt.com/usa/336960-tyson-...-court-ruling/

Tyson basically told them "Put on your protective gear, then clock in. Do your time. Clock out. Then take off your protective gear."

Employees felt they should be paid for the time to put the gear on / off. Tyson was squeezing minutes out of them (each day) with this approach.
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Old 03-28-2016, 10:03 PM
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Default Re: U.S. top court rules against Tyson Foods in class action case

Quote:
Originally Posted by Topcat View Post
Apparently no one can determine exactly how much time the employees spent (and were not paid for) walking to their work stations etc. so that was averaged.

At least that is my take on it.

I can't see how Tyson could win that case. It seems like a pretty low business practice to not pay their employees for that.
Quote:
Originally Posted by foundit66 View Post
This is pretty accurate.

Adding on ...
More than 3,000 employees at a pork processing plant in Iowa have reason to celebrate. The employees who felt they deserved overtime pay for time spent putting on and taking off the required protective work clothes got their way on Tuesday.

Tyson had countered by claiming that the workers at its Storm Lake plant were only doing their job on the “kill” floor or the processing or “fabrication” floor. The Supreme Court disagreed with the multinational corporation, however, delivering a 6-2 ruling against it. Had the employee’s suit failed, it could have made it more difficult for workers to band together to challenge pay issues.
https://www.rt.com/usa/336960-tyson-...-court-ruling/

Tyson basically told them "Put on your protective gear, then clock in. Do your time. Clock out. Then take off your protective gear."

Employees felt they should be paid for the time to put the gear on / off. Tyson was squeezing minutes out of them (each day) with this approach.
So the 2007 Lawsuit is what it was about. Totally wrong on Tysons part. Shame on them
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Old 03-29-2016, 12:54 AM
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Default Re: U.S. top court rules against Tyson Foods in class action case

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Originally Posted by Kert View Post
So the 2007 Lawsuit is what it was about. Totally wrong on Tysons part. Shame on them
they didnt hire legals in a plant near where we used to live until forced.
and I had thought they were so great for putting rock farmers to work...
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