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.
Home > Federal Law Articles > Class Actions > Wage & Hour Class Actions > Lack of Time Records? There’s an Expert for That β U.S. Supreme Court Reinforces Use of Time Study Experts in Class Certification