A federal judge in Wilmington, Del., has refused to dismiss a lawsuit alleging that poultry company Mountaire Farms failed to properly pay chicken catchers at its Millsboro plant. The poultry company was seeking the dismissal on the grounds that the chicken catchers have failed to plead a factual basis for their claims, reports the Associated Press.

According to the lawsuit, the chicken catchers were paid based on each thousand chickens caught by a crew, but were also due an overtime premium if they worked more than 40 hours per week. The chicken catchers allege that Mountaire has failed to pay them overtime and retaliated against them by having them work four or more hours without a meal break and reassigning work to independent catching crews.

The company denies owing any overtime pay.

Source: Associated Press