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Judge Favors Class Cert. In Farmland Don, Doff Suit

Posted: January 10, 2012
By: Django Gold
Source: Law360
Practice Areas: Employment Law

A Nebraska magistrate judge on Monday advised the court to deny Farmland Foods Inc.'s bid for decertification of a collective action accusing the meat packer of stiffing workers on don and doff pay, saying that the employees are similarly situated enough to proceed together.

In a recommendation to the Nebraska district court, U.S. Magistrate Judge Thomas D. Thalken rejected Farmland's arguments that its hog processing plant workers faced varying on-the-job experiences that made collective action impractical.

"The evidence shows the plaintiffs are employed at the same location, advance similar claims, seek substantially the same form of relief and have similar circumstances of employment," Judge Thalken said.

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