LOPEZ v. TYSON FOODS, INC.

No. 11-2344.

690 F.3d 869 (2012)

Dimas LOPEZ, on behalf of themselves and all other similarly situated individuals; Ibeth Lopez, on behalf of themselves and all other similarly situated individuals; Santos Corona, on behalf of themselves and all other similarly situated individuals; Abel Maravilla, on behalf of themselves and all other similarly situated individuals; Maria De Jesus Ramirez, on behalf of themselves and all other similarly situated individuals; Miguel Guico, on behalf of themselves and all other similarly situated individuals; Dominga Mazariegos, on behalf of themselves and all other similarly situated individuals; Jose Sales Ortiz, on behalf of themselves and all other similarly situated individuals; Manuel Santana, on behalf of themselves and all other similarly situated individuals; Carlos Godinez, on behalf of themselves and all other similarly situated individuals; Mario Mazariegos, on behalf of themselves and all other similarly situated individuals; Carlos Medina, on behalf of themselves and all other similarly situated individuals; Brenda Revolorio, on behalf of themselves and all other similarly situated individuals; Guadalupe Macias, on behalf of themselves and all other similarly situated individuals; Rafael Medina, on behalf of themselves and all other similarly situated individuals; Norma Medina, on behalf of themselves and all other similarly situated individuals; Guadalupe Herrera-Arias, on behalf of themselves and all other similarly situated individuals; Esperanza Ceja Reyes, on behalf of themselves and all other similarly situated individuals; Maria Magdelena Sigoran, on behalf of themselves and all other similarly situated individuals; Francisco Najarro Martinez, on behalf of themselves and all other similarly situated individuals, Plaintiffs-Appellants, v. TYSON FOODS, INC., Defendant-Appellee. Secretary of Labor, Amicus on Behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 4, 2012.


Attorney(s) appearing for the Case

Robert L. Wiggins, Jr. , argued, Birmingham, AL, Kathryn M. Engdahl , Jairus M. Gilden , Minneapolis, MN, W. Michael Hamilton , Nashville, TN, Brian P. McCafferty , Blue Bell, PA, Candis A. McGowan , Daniel Arciniegas , Jacob A. Kiser , Birmingham, AL, Roger K. Doolittle , Jackson, MS, Todd Bennett , Lincoln, NE, on the brief, for Appellants.

Nickole Carrieanna Winnett , argued, Paul L. Frieden , on the brief, U.S. Department of Labor, Washington, DC, for Amicus On Behalf of Appellant.

Michael J. Mueller , argued, Washington, DC, Thomas E. Johnson , Allison D. Balus , Omaha, NE, Thomas C. Walsh , St. Louis, MO, Evangeline C. Paschal , Washington, DC, on the brief, for Appellee.

Before MURPHY, BENTON, and SHEPHERD, Circuit Judges.


BENTON, Circuit Judge.

Dimas Lopez and 19 other employees represent a class of hourly production employees at a meat-processing facility of Tyson Foods, Inc. The employees sued Tyson for not paying wages due under the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. § 201 et seq., and the Nebraska Wage Payment and Collection Act (NWPCA), Neb.Rev.Stat. § 48-1228 et seq. The jury returned a verdict for Tyson, finding...

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