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WEISSMAN v. TYSON PREPARED FOODS, INC.

No. 2012AP2196.

838 N.W.2d 502 (2013)

2013 WI App 109

Jim WEISSMAN, Keith Griep, Randy Garrett, Gregory Peters, Shannon Fitzpatrick and James Geneman, Plaintiffs-Appellants, v. TYSON PREPARED FOODS, INC., Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed August 1, 2013.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Douglas J. Phebus of Arellano & Phebus, S.C., Middleton.

On behalf of the defendant-respondent, the cause was submitted on the brief of Thomas P. Krukowski and Keith E. Kopplin of Krukowski & Costello, S.C., Milwaukee, and Joel M. Cohn, Ruthanne M. Deutsch, and Brittani S. Head of Akin Gump Strauss Hauer & Feld, LLP, Washington, DC.

A nonparty brief was filed by Mark A. Sweet of Sweet and Associates, LLC, Milwaukee, for United Food & Commercial Workers Union Local 1473.

Before BLANCHARD P.J., LUNDSTEN and KLOPPENBURG, JJ.

BLANCHARD, P.J.

¶ 1 Tyson Prepared Foods, Inc., operates a meat processing plant in Jefferson, Wisconsin. Six hourly employees who work in the plant filed this wage claim action, as a class action, against Tyson under Chapter 109 of the Wisconsin Statutes. The employees allege that they are entitled to compensation for time they spend at the plant putting on ("donning") and taking off ("doffing") sanitary and protective equipment and clothing as required by Tyson...

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