DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
141582P.pdf 08/26/2015 Manuel Acosta v. Tyson Foods
U.S. Court of Appeals Case No: 14-1582
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. Acosta was required to file a
timely consent because his FLSA action alleged a collective action and
because he failed to do so before the statute of limitations expired, the
district court should have dismissed his claims; 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 plaintiff's
claim fails as a matter of law; the district court's judgment is reversed
and the matter is remanded with directions to enter judgment for Tyson.