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Case Notes

Supreme Court Permits Class Certification and Proof of Liability Through Statistical Evidence

In Tyson Foods, Inc. v. Bouaphakeo, 2016 U.S. LEXIS 2134 (S. Ct. Mar. 22, 2016), the plaintiffs, employees who worked in certain departments at the defendant's pork processing plant, brought a collective action under the Fair Labor Standards Act of 1938 (FLSA), and putative class action under an Iowa wage statute and Fed. R. Civ. P. 23(b)(3), in the United States District Court for the Northern District of Iowa. The plaintiffs sought overtime pay for all employees' hours exceeding 40 per week, because the defendant had not credited the employees for time spent donning and doffing protective gear.

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