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BOUAPHAKEO v. TYSON FOODS, INC.

No. 12-3753.

765 F.3d 791 (2014)

Peg BOUAPHAKEO; Javier Frayre; Jose A. Garcia; Mario Martinez; Jesus A. Montes; Heribento Renteria, on behalf of themselves and all other similarly situated individuals, Plaintiffs-Appellees v. TYSON FOODS, INC., Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 25, 2014.

Attorney(s) appearing for the Case

Michael J. Mueller, argued, Washington, DC, (Thomas Edwin Johnson, Allison Balus, Omaha, NE, Thomas Walsh, Saint Louis, MO, Evangeline C. Paschal, Washington, DC, Emily Burkhardt Vicente, Los Angeles, CA, on the brief), for appellant.

Robert L. Wiggins, Jr., argued Birmingham, AL, (William Michael Hamilton, Nashville, TN, Brian P. McCafferty, Blue Bell, PA, Daniel Arciniegas, Candis A. McGowan, Birmingham, AL, Roger K. Doolittle, Jackson, MS, on the brief) for appellee.

Before SMITH, BEAM, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

Peg Bouaphakeo and other named plaintiffs are employees of Tyson Foods, Inc. They represent a class of employees at Tyson's meat-processing facility in Storm Lake, Iowa. They sued Tyson for not paying wages due under the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. § 201 et seq., and the Iowa Wage Payment Collection Law (IWPCL), Iowa Code 91A.1 et seq. A jury returned a verdict for the class. Tyson appeals. Having jurisdiction under...

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