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Tyson Foods Inc. v. Bouaphakeo, (March 22, 2016)

Articles Discussing Case:

U.S. Supreme Court Finds Representative Statistically-Valid Evidence Supports Wage-Hour Class Certification

Jackson Lewis P.C. • March 29, 2016
In a case for overtime compensation for time spent by workers putting on and taking off protective gear, the U.S. Supreme Court in a 6-2 ruling has upheld the use of representative sampling as evidence for common claims among the class action plaintiffs, workers killing hogs and trimming pork products at processing plants in Iowa. Tyson Foods v. Bouaphakeo, No. 14-1146 (Mar. 22, 2016).

U.S. Supreme Court Finds Representative Statistically Valid Evidence Supports Wage-Hour Class Certification

Jackson Lewis P.C. • March 28, 2016
In a case for overtime compensation for time spent by workers putting on and taking off protective gear, the U.S. Supreme Court in a 6-2 ruling has upheld the use of representative sampling as evidence for common claims among the class action plaintiffs, workers killing hogs and trimming pork products at processing plants in Iowa. Tyson Foods v. Bouaphakeo, No. 14-1146 (Mar. 22, 2016).

Supreme Court Upholds 5.8M Judgment Based on Statistical Analysis

Franczek Radelet P.C • March 24, 2016
On Tuesday, March 22, 2016, the United States Supreme Court affirmed a $5.8 million dollar judgment against Tyson Foods Inc. in a class and collective action filed by workers claiming uncompensated time donning and doffing time. Contrary to what many predicated given the trend in class action rulings, the Court upheld the workers reliance on statistical analysis that used average time estimates to determine overtime owed for class recovery.

Recordkeeping Failures Left Employer Vulnerable to Statistical Sampling in Overtime Claim

XpertHR • March 24, 2016
A new Supreme Court ruling shows the importance of proper recordkeeping as a defense against wage and hour claims.

Lack of Time Records? There's an Expert for That – U.S. Supreme Court Reinforces Use of Time Study Experts in Class Certification

FordHarrison LLP • March 23, 2016
Executive Summary: Today, the U.S. Supreme Court held that when an employer fails to create accurate time records, courts may rely on expert time studies not only to determine unpaid hours of work, but also to determine the underlying issue of predominance necessary to certify a class. The Court's opinion declined to restrict the use of damage calculations based on statistical evidence, and said the use of such methods in litigation can be reviewed by courts on a case-by-case basis.