Tuesday, March 22, 2016

Class actions in FLSA cases can go forward with estimated damages

In a 6-2 decision the high Court affirmed a class certification and award to a group of underpaid Tyson Foods employees. In Tyson Foods, Inc. v. Bouaphakeo the plaintiff employees claimed they weren't properly paid for time spent donning and doffing their protective chicken-butchering gear. There was a large class of employees, some with different levels of gear. The plaintiffs had to estimate the time spent dressing. The Supreme Court said that an estimate of the time spent in a common process was sufficient to support an FLSA collective/class action. This case, along with the 6-3 decision for the plaintiffs (and plaintiffs in class and collective actions everywhere) in Campbell-Ewald v. Gomez, the Supreme Court answered 2 of 3 pending class action blockbusters in a manner that says class actions are not dead and gone. Not. At. All.