Cortez v. Nebraska Beef – Unpaid Overtime Settlement

Berger Montague served as co-lead counsel and obtained a $3.9 million settlement on behalf of a class of non-exempt employees at Nebraska Beef’s processing plant. The plaintiffs alleged that Nebraska Beef failed to pay them for all pre-shift and post-shift time in the beef processing facility that the workers spent donning, doffing, and washing their required personal protective equipment that was integral and indispensable to their work duties. The plaintiffs’ claims included time spent donning and doffing their personal protective equipment at the beginning and end of each unpaid meal period.

Led by Executive Shareholder Shanon J. Carson, the case went to trial in May 2011 in the United States District Court for the District of Nebraska. During the first witness’s testimony, the plaintiffs uncovered significant discovery abuses by the defendant Nebraska Beef, and the court granted a mistrial. Later that year, Chief Judge Bataillon of the District of Nebraska recognized these abuses in a significant court opinion and ordered Nebraska Beef to pay plaintiffs’ counsel’s attorneys’ fees and costs. We have included Chief Judge Bataillon’s opinion here.

If you have experienced unpaid wages, unpaid overtime compensation, unreimbursed business expenses, or other wage and hour violations under federal or state laws by your employer, please contact Berger Montague. Our award-winning employment lawyers are available to speak with you free of charge.

About Berger Montague

Berger Montague is a national law firm focusing on complex civil litigation in federal and state courts throughout the United States. For over half a century, Berger Montague has played lead roles in consequential, precedent-setting cases and has recovered over $60 billion for its clients and the classes they have represented. Berger Montague is headquartered in Philadelphia and has offices in Chicago, Minneapolis, San Diego, San Francisco, Toronto, Wilmington, Del., and Washington, D.C.