Butterball Gets Poultry Worker’s Would-Be OT Class Suit Tossed

Butterball LLC won’t have to face a proposed class action alleging it violated the Fair Labor Standards Act and North Carolina wage law by failing to pay the correct overtime wage to certain workers at its poultry processing plants, a federal judge ruled.

Osvaldo Figueroa, who caught and loaded turkeys onto trucks that transported them to the slaughterhouse, submitted paystubs showing he was paid $12 per truckload plus $8.96 per hour worked beyond 40 per week.

But these paystubs directly refute Figueroa’s claim that Butterball owed him a higher overtime rate because they reflect a piece-rate, not hourly, pay scheme, ...