De Asencio v. Tyson Foods, Inc.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

In instructing the jury in this case brought by poultry workers under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (“FLSA” or “Act”), the District Court stated that in considering whether the workers’ donning, doffing and washing was “work” under the Act, the jury must consider whether the activities involved physical or mental exertion. The jury decided the issue of work against the workers and therefore never reached the defenses proffered by the employer. The workers appeal, arguing that the District Court’s instruction on donning and…