Probing Class Representatives for Ties to Class Counsel
Pro-Ration of Minimum Salary for Part-Time Exempt Employees Disallowed

Tyson Foods Wants Supreme Court to Redefine "Work"

Last month, Tyson Foods, Inc. filed a reply brief in Tyson Foods, Inc. v. de Ascencio. seeking a determination of “whether the time spent donning light protective gear constitutes ‘work’ under the Fair Labor Standards Act if the activities do not require a significant level of exertion.” It makes for some interesting reading, but we can't help but wonder what sort of mischief could result from a "significant exertion test" to determine whether 'work' is compensable.

The Third Circuit's original opinion can be found at this Villanova law school link.

[Hat tip: SCOTUSblog, which has links to the reply brief, cert. petition and respondent's brief.]


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