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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