133500P.pdf   08/26/2015  Jose Gomez  v.  Tyson Foods
   U.S. Court of Appeals Case No:  13-3500
   U.S. District Court for the District of Nebraska - Omaha   
   [PUBLISHED] [Colloton, Author, with Beam and Kelly, Circuit Judges] 
   Civil case- Fair Labor Standards Act. In action claiming Tyson had failed 
   to pay plaintiffs for pre- and post-shift and break time activities, the 
   district court erred in permitting the FLSA claims to proceed as a 
   "collective action" since none of the named plaintiffs filed the required 
   consents to proceed as a party in the collective action - see No. 14-1582 
   Acosta v. Tyson, filed this date; as explained in Acosta, a claim that an 
   employee is entitled to additional compensation under the FLSA cannot be 
   raised through an action under the Nebraska Collection Act, and the 
   plaintiffs' claims under the Act fail as a matter of law; the district 
   court's judgment is reversed, and the case is remanded with directions to 
   enter judgment for Tyson.