The U.S. Department of Labor announced the filing of a consent
judgment in a case against Pilgrim's Pride Corp., the country's
largest poultry processor — recovering $1,001,438 in overtime back
wages for 798 former and current processing workers at the company's
Dallas facility. The company also agreed to pay for time spent by
employees "donning and doffing," or putting on and taking off
work-related gear in all processing plants nationwide.
"I
am committed to ensuring that all workers receive the compensation to
which they are entitled under the law," said Secretary of Labor Hilda
L. Solis. "Poultry processing is physically demanding hard work, and no
one should leave at the end of his or her shift without having been
paid for all time worked."
This agreement marks another major
step in the department's poultry initiative, which is aimed at ensuring
that the poultry processing industry pays its workers all wages to
which they are entitled.
The agreement was filed with the
U.S. District Court for the Western District of Arkansas, El Dorado
Division, and settles allegations that Pilgrim's Pride Corp. failed to
properly pay overtime back wages as required by the Fair Labor
Standards Act (FLSA). The law's overtime violations occurred in part
because the company failed to pay its employees for all hours worked,
including time spent putting on and taking off protective clothing.
Additionally, required recordkeeping was not maintained.
"These
low-wage workers were not paid for time donning and doffing at the
beginning and end of the workday and before and after meals," said
Cynthia Watson, regional administrator for the Labor Department's Wage
and Hour Division's Southwest Region. The department's legal action
followed an investigation by the division.
The agreement
stipulates that Pilgrim's Pride will comply with FLSA regulations
regarding donning and doffing, and recordkeeping, and also enjoins the
entire company from committing future violations.
The FLSA
requires that covered employees be paid at least the federal minimum
wage of $7.25 for all hours worked, plus time and one-half their
regular rates of pay, including commissions, bonuses and incentive pay,
for hours worked beyond 40 per week. Employers must also maintain
accurate time and payroll records.
For more information
about the FLSA, call the Wage and Hour Division's Dallas District
Office at 817-861-2150 or the Department of Labor's toll-free helpline
at 866-4US-WAGE (487-9243). Information is also available on the
Internet at http://www.wagehour.dol.gov.