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GOMEZ v. TYSON FOODS, INC.

No. 13-3500.

799 F.3d 1192 (2015)

Jose A. GOMEZ; Juliana Reyes; Juan M. Cruz; Ted McDonald; Cecilia Ortiz; Mario Cruz, 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 26, 2015.

Rehearing and Rehearing En Banc Denied October 1, 2015.

Attorney(s) appearing for the Case

Robert L. Wiggins, Jr. , argued, Birmingham, AL, ( Jay Madison Smith , Sioux City, IA, Brian P. McCafferty , Blue Bell, PA., Candis A. McGowan , Daniel Arciniegas , Birmingham, AL., Roger K. Doolittle , Jackson, MS., Michael Hamilton , Nashville, TN, on the brief), for Plaintiffs-Appellees.

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

Before COLLOTON, BEAM, and KELLY, Circuit Judges.

Jose Gomez and five other named plaintiffs brought this suit under the Nebraska Wage Payment and Collection Act, Neb. Rev.Stat. §§ 48-1228 to 48-1234, and the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219. They sought overtime and minimum wage payments for certain pre- and post-shift activities...

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