Cortez v. Nebraska Beef
Berger Montague represented a class of employees at Nebraska Beef’s beef processing plant in their lawsuit alleging that the employer failed to pay them for all pre- and post-shift time spent donning, doffing and washing personal protective equipment. The claim also included time spent donning and doffing the equipment during the employees’ unpaid lunch period.
In May 2011, the case went to trial. During the first witness’ testimony, Plaintiffs uncovered significant discovery abuses by Defendant. The Court granted a mistrial. On November 3, 2011, Chief Judge Bataillon recognized these abuses and ordered Defendant to pay attorneys fees and costs. That opinion is available here.
The matter settled in 2012 for $3.9 million.