Wage Rights at Tyson Foods: Donning, Doffing, and Unpaid Time

If you work at Tyson Foods—whether as a line worker, sanitation crew member, or maintenance technician—you likely spend time before and after your shift putting on and taking off protective gear: smocks, aprons, gloves, hairnets, hard hats, safety glasses, steel-toed boots, and more. This process, called “donning and doffing,” is often unpaid.

Here’s the issue: under federal law, that time may be compensable. Tyson and other meatpacking companies have paid millions in settlements and judgments for failing to pay workers for donning and doffing time. If you’re not being paid for this time, you may be owed back wages.

What the Law Says

The Fair Labor Standards Act (FLSA) requires employers to pay for all “hours worked.” Courts have consistently found that donning and doffing required protective equipment in meatpacking is compensable because:

• The equipment is “integral and indispensable” to your job.

• You can’t work on the production line without it.

• USDA and OSHA regulations require the equipment.

• Tyson requires you to wear it for food safety and worker protection.

Supreme Court precedent:
In IBP v. Alvarez (2005), the Supreme Court ruled that time spent walking between the locker room and production floor after donning protective gear is also compensable. This means you may be owed for more than just the time spent putting on and taking off gear.

What Time Should Be Paid

Based on legal precedents, Tyson should pay you for:

• Donning (before shift): Putting on required gear, walking to the production floor, waiting in line for equipment, sanitizing or preparing equipment.

• Doffing (after shift): Removing gear, walking from the production floor to the locker room, cleaning or storing equipment, waiting to access locker rooms.

• During shift: Changing damaged equipment, re-donning after breaks (if required), sanitizing equipment during the day.

What’s typically NOT compensable:
Changing into regular work clothes, time before you start donning, or time after you finish doffing and leave.

How Much Time Are We Talking About?

The time adds up quickly. Studies and lawsuits have shown:

• Typical donning time: 10–20 minutes per shift

• Typical doffing time: 10–15 minutes per shift

• Total unpaid time: 20–35 minutes per day

Over a year:
20 minutes/day × 5 days/week × 50 weeks = 83+ hours
At $15/hour, that’s $1,250+ per year in unpaid wages—plus overtime if you’re already working 40+ hours.

Over multiple years:
FLSA allows claims going back 2 years (3 years if willful). You could be owed thousands of dollars.

Tyson’s History of Violations

Tyson has faced numerous lawsuits and class actions over unpaid donning and doffing time, resulting in millions paid to workers. Despite these cases, the practice sometimes continues at other plants. Tyson may dispute claims, and outcomes depend on the facts and your documentation. Not all claims succeed, and some cases settle for less than the full amount.

How to Determine If You’re Owed Money

Ask yourself:

• Do you wear protective gear required by Tyson, USDA, or OSHA?

• Is the gear necessary to do your job safely?

• Do you put on equipment before clocking in or take it off after clocking out?

• Does your time clock capture donning/doffing time?

• Are you paid from when you start donning to when you finish doffing?

• Have you ever been told this time isn’t paid?

If you’re wearing required protective equipment and not being paid for the time to put it on and take it off, you likely have a claim.

How to Document Your Claim

Start keeping records now:

• Time you arrive and start donning

• Time you finish donning and reach your workstation

• Time you leave your workstation to start doffing

• Time you finish doffing and leave

• What equipment you put on and take off

• How long each step takes

Keep a notebook with daily entries, use your phone to note times, take photos of time clock punches (if allowed), and save pay stubs. Keep records off Tyson devices and avoid taking photos if it risks discipline or violates plant rules.

How to Pursue a Claim

File a Wage Claim

• Federal (Department of Labor): File with the Wage and Hour Division (www.dol.gov/agencies/whd/contact/complaints). Statute of limitations is 2 years (3 if willful).

• State labor agency: Many states have their own wage claim processes and may offer longer deadlines or additional remedies.

Join a Class Action

Donning and doffing cases are often class actions because many Tyson workers are affected. Joining a class action may limit your ability to bring an individual claim, and settlement amounts can vary. Search online for “Tyson donning doffing lawsuit [your state],” contact an employment attorney, or check class action settlement websites.

File an Individual Lawsuit

You can file your own lawsuit, especially if no class action is pending or you have significant individual damages. Many employment attorneys offer free consultations and work on contingency.

What You Can Recover

If you win a donning and doffing claim:

• Back wages: All unpaid donning and doffing time, going back 2–3 years.

• Overtime: If donning/doffing time pushed you over 40 hours, you’re owed 1.5x your regular rate for those hours.

• Liquidated damages: Equal to your back wages (doubling your recovery) if Tyson’s violation was willful.

• Attorney’s fees: Tyson pays your attorney if you win.

Retaliation Protections

It’s illegal for Tyson to retaliate against you for:

• Asking about donning and doffing pay

• Filing wage claims

• Joining class actions

• Talking to attorneys

If you experience retaliation, document everything and file a retaliation complaint. Retaliation claims can result in additional damages and can succeed even if your wage claim does not.

State-Specific Considerations

Some states have stronger wage laws:

• California: Stronger protections, longer statute of limitations, additional penalties.

• Iowa, Arkansas, Nebraska, Kansas: Major Tyson operations; FLSA applies, but check for state-specific rules.

Your state’s laws may provide additional remedies beyond federal law. Deadlines for wage claims are strict and vary by state—act quickly.

Supporting Each Other

If you witness unpaid donning/doffing at Tyson, document what you see and offer to be a witness. Union stewards (if present) can help with wage claims and documentation. Undocumented workers are generally protected by wage and hour laws.

Using Caira to Evaluate Your Claim

Caira can help you:

• Understand donning and doffing law

• Calculate potential back wages

• Document your time

• Find information about pending lawsuits

• Prepare for consultations with attorneys

Documents to upload:

• Pay stubs

• Time records

• Equipment lists

• Tyson policies on protective equipment

Questions to ask Caira:

• “Is my donning and doffing time compensable?”

• “How do I calculate my back wages?”

• “What’s the statute of limitations in my state?”

• “Are there any class actions against Tyson I can join?”

Empower Yourself

You have rights, and the law is on your side. Many Tyson employees succeed by being persistent, documenting everything, and following the proper steps. If you face obstacles, don’t give up—there are clear processes to protect you.

Deadlines matter in employment law. Waiting too long can cost you your claims. Document everything, understand your options, and take informed action.

Caira can help. She’s delightful to chat to.

She helps you feel more confident and less anxious about employment law issues—whether you’re facing wage claims, unpaid time, or just want to understand your rights. Backed by 50,000 legal documents for all 50 states, Caira can:

• Answer your questions instantly 24/7

• Review and explain emails, policies, or termination letters

• Draft statements or responses for HR or agencies

• Give feedback on your filled-in forms or the other party’s arguments

• Analyze your uploaded documents, screenshots, or pay stubs

• Help you track deadlines and next steps for your state

Try Caira for free—no credit card required.

This information is for educational purposes and is not legal, financial, or tax advice. Wage and hour law is complex and fact-specific. Outcomes vary depending on the evidence submitted and its strength.