SALAZAR v. BUTTERBALL, LLC

No. 10-1154.

644 F.3d 1130 (2011)

Clara E. SALAZAR; Juanita Ybarra, (Proposed Collective and Class Action Representatives), on behalf of themselves and others similarly situated, Plaintiffs-Appellants, v. BUTTERBALL, LLC, Defendant-Appellee. National Employment Lawyers Association; United Food and Commercial Workers, Local Union No. 7R; United Food and Commercial Workers International Union, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

July 5, 2011.


Attorney(s) appearing for the Case

T. Joseph Snodgrass , ( Kelly Swanson and Troy F. Tatting of Larson King, LLP, St. Paul, MN; J. Gordon Rudd, Jr. , Anne T. Regan and Patricia A. Bloodgood of Zimmerman Reed, PLLP, Minneapolis, MN; Stanley M. Gosch and Richard Rosenblatt of Richard Rosenblatt & Assoc., LLC, Greenwood Village, CO, with him on the briefs), of Larson King, LLP, St. Paul, MN, for Plaintiff-Appellants.

Stephen X. Munger , ( Eric R. Magnus of Jackson Lewis LLP, Atlanta, GA; Ryan P. Lessmann of Jackson Lewis LLP, Denver, CO, with him on the brief), of Jackson Lewis, LLP, Atlanta, GA, for Defendant-Appellee.

Lin Chan and David Borgen of Goldstein, Demchak, Baller, Borgen & Dardarian, Oakland, CA, and David Lichtenstein , Denver, CO, filed a brief for National Employment Lawyers Association as Amicus Curiae in support of Plaintiff-Appellants.

Renee L. Bowser , Assistant General Counsel, United Food and Commercial Workers International Union, Washington, D.C., and John P. Bowen , UFCW Local 7R, Wheat Ridge, CO, filed a brief for United Food and Commercial Workers International Union and United Food and Commercial Workers Union Local 7R as Amici Curiae in support of Plaintiff-Appellants.

Before BRISCOE, Chief Judge, SEYMOUR and LUCERO, Circuit Judges.


BRISCOE, Chief Judge.

In this case we are asked to decide whether donning and doffing poultry processing workers' personal protective equipment is "changing clothes" under 29 U.S.C. § 203(o) and whether a turkey processing plant is a food and beverage industry employer under 7 Colo.Code Regs. § 1103-1:2. Plaintiffs/appellants Clara Salazar and Juanita Ybarra (together, plaintiffs) brought claims on behalf of hourly production employees at defendant...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases