The obligations of a district court to analyze conflicting evidence regarding class and collective action certification was recently addressed by the Third Circuit Court of Appeals in Reinig v. RBS Citizens N.A., 912 F.3d 115, (3d Cir. 2018) (“Citizens”). In that case, the Third Circuit opined that Fed.R.Civ.P. 23 class certification orders (i) must
The new episode of Employment Law This Week features the U.S. Supreme Court’s easing of class certification standards in a case against Tyson Foods.
In Iowa, a group of Tyson employees brought a hybrid class and collective action for unpaid overtime spent changing clothes and walking to their work area. An expert determined the average
On March 22, 2016, the United States Supreme Court issued its much anticipated decision in Tyson Foods, Inc. v. Bouaphakeo, a donning and doffing case in which a class of employees had been awarded $2.9 million following a 2011 jury trial that relied on statistical evidence. (A subsequent liquidated damages award brought the total to
On June 8, 2015, the U.S. Supreme Court granted Tyson Foods’ petition for review of the Eighth Circuit’s decision affirming the district court’s class and collective certification of a donning and doffing case under what Tyson Foods has described as “seriously flawed procedures.” While it does not appear that the Supreme Court’s review will deal