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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.