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.
|