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Gold'n Plump 'don and doff' suit settled for $1.2 million

February 16, 2008 at 1:30AM

Gold'n Plump Poultry Inc. has reached a $1.2 million settlement with its processing and cleaning crews in a class-action lawsuit that argued that the workers should be paid for their time spent putting on and taking off special work garb.

The settlement, to be divided among as many as 3,000 employees in Minnesota and Wisconsin, received preliminary approval Thursday from U.S. District Judge Patrick Schiltz in St. Paul. A final hearing is expected in April.

The agreement also puts workers on the clock while dressing and undressing, but within time limits to be set by Gold'n Plump.

"We feel it's a strong settlement," plaintiffs' attorney Gordon Rudd said. "We're happy Gold'n Plump stepped up to the plate and agreed to resolve the case."

In a prepared statement released Friday, the St. Cloud-based company called the settlement "a business decision" to avoid the expense and uncertainty of continued litigation.

"It's important to emphasize the court did not decide the merits of the lawsuit in favor of either party," Gold'n Plump said.

The "donning and doffing" issue has been around as long as the industrial age. Floor workers have long argued that the time it takes to put on and take off their work and safety clothing at the beginning and end of each shift is part of their workday, and therefore they should be paid for it. At Gold'n Plump, that includes hairnets, aprons, body shields and rubber boots.

Companies often have argued against it on the grounds that other people -- office managers and bookkeepers, for example -- don't get paid for their time putting on suits and ties.

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The Gold'n Plump settlement covers production and sanitation employees who worked at three sites -- Luverne and Cold Spring, Minn., and Arcadia, Wis. -- between February 2001 and December 2007. It awards employees 55 minutes of pay for every eligible week they worked at the plants. At an average hourly rate of $17.25, the settlement will bring longtime workers thousands of dollars, Rudd said.

The company also agreed to pay all legal costs for the litigation, which started in 2004.

Rudd said settlement notices will go out to eligible employees by the end of this month, in English, Spanish and Somali. Any claims must be returned by June 1.

H.J. Cummins • 612-673-4671

about the writer

about the writer

H.J. CUMMINS, Star Tribune

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