In The News
October 27, 2007


Waterloo Cedar Falls Courier
Judge denies motion to dismiss Agriprocessors suit

 
CEDAR RAPIDS ---- A federal judge earlier this week denied a motion filed by lawyers for the nation's largest kosher meatpacking plant to dismiss part of a class action lawsuit against the company.

Employees filed the federal suit against Agriprocessors on March 23, claiming the company in Postville didn't pay them for time spent getting ready for work and for cleanup after a shift.

That includes time spent changing into safety equipment, cleaning and sanitizing equipment and performing other activities integral to the plant's operation.

Attorneys for Agriprocessors tried to have one of two counts of the suit dismissed because it was "inherently incompatible" with the second count. The part in question --- filed under a state law --- asks employees to opt out of the suit, while the other count --- filed under federal law --- asks employees to opt into the suit.

Judge Linda Reade said in a 22-page order issued on Monday the two counts were compatible with each other. Reade said all affected workers could be represented in the suit unless they sign a paper asking to be omitted.

The state law also allows them to obtain compensation for unpaid non-overtime hours, which isn't available under federal law.