News & Analysis as of September 18, 2024

Supreme Court of the United States › Doffing

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

No Good Deed Goes Unpunished – The Supreme Court May Decide Whether Payments for Meal Breaks Can Offset Alleged Off-The-Clock Work

Seyfarth Shaw LLP on 6/7/2017

Pending before the United States Supreme Court is a petition for writ of certiorari asking the Court to determine whether an employer may use payments for bona fide meal periods as an offset/credit against compensable work...more

The U.S. Supreme Court And Workplace Class Actions

Seyfarth Shaw LLP on 1/19/2017

Seyfarth Synopsis: As profiled in our recent publication of the 13th Annual Workplace Class Action Litigation Report, the U.S. Supreme Court’s rulings have a profound impact on employers and the tools they may utilize to...more

A Review of the Supreme Court’s 2015 - 2016 Term

Franczek P.C. on 7/6/2016

Last week, the Supreme Court ended its 2015-2016 session under a cloud of uncertainty. On February 22, 2016, Justice Antonin Scalia, the stalwart of the Court’s conservative wing for 30 years, passed away. Justice Scalia’s...more

Recent Supreme Court Decision Will Likely Impact Damages in Large, Complex Actions

Arnall Golden Gregory LLP on 6/6/2016

On March 22, 2016, the Supreme Court handed down its opinion in Tyson Foods v. Bouaphakeo, 136 S. Ct. 1036 (2016), addressing the question of when statistical sampling evidence may be used to establish class-wide liability. ...more

California Employment Law Notes - May 2016

Proskauer - California Employment Law on 5/11/2016

Employee Who Needed To Assist Disabled Son Could Proceed With "Associational Disability Discrimination" Claim - Castro-Ramirez v. Dependable Highway Express, Inc., 246 Cal. App. 4th 180 (2016) - Luis...more

Statistical Modeling in Class Actions: The U.S. Supreme Court Weighs in, Kind of

Sheppard Mullin Richter & Hampton LLP on 5/7/2016

A U.S. Supreme Court decision expected to potentially change (or at least clarify) the rules on the hot-button issue of statistical modeling in class actions ended up turning much more on case law specific to the Fair Labor...more

Supreme Court Stops Short of Bright-Line Rule Regarding Statistical Evidence in Class Actions

Goodwin on 4/18/2016

On March 22, the Supreme Court issued its decision in Tyson Foods, Inc. v. Bouaphakeo. For those unfamiliar with the case, Tyson Foods is a Fair Labor Standards Act (FLSA) case that involved an alleged failure to pay...more

SCOTUS OKs Statistics to Establish Class Action Liability with Limits, Leaves Open Uninjured Class Member Question

Moore & Van Allen PLLC on 4/18/2016

Plaintiffs can count the first class action decision to be issued by the U.S. Supreme Court since the death of Justice Scalia as a win; although, they did not receive broad authorization to proceed carte blanche, as some had...more

Defying Expectations, Supreme Court’s Tyson Decision Avoids “Broad and Categorical Rules” on Use of Statistical Evidence in Class...

McGuireWoods LLP on 4/7/2016

Expectations were high in the class action world for the Supreme Court’s recent decision in Tyson Foods, Inc. v. Bouaphakeo. At first blush, however, Tyson seems to be neither the test case nor the blockbuster decision that...more

Supreme Court Affirms Limited Use of Representative Evidence in Don-Doff Class

Morgan Lewis on 4/5/2016

In 6-2 decision, the US Supreme Court rejected a challenge to a jury verdict in Tyson Foods v. Bouaphakeo but declined to impose a broad rule for use of representative evidence. On March 22, the US Supreme Court affirmed...more

Supreme Court Upholds Class Action in Donning-Doffing Dispute Based on “Representative” Statistical Evidence

Constangy, Brooks, Smith & Prophete, LLP on 4/4/2016

The Supreme Court’s recent decision in Tyson Foods v. Bouahapeko affirms the use, in some circumstances, of “representative” statistical evidence that produced average times for donning and doffing personal protective gear,...more

Tyson Foods Supreme Court case: What Human Resources and Labor & Employment Practitioners Need to Know

Locke Lord LLP on 4/1/2016

Last week’s Quick Study observed that the U.S. Supreme Court in Tyson Foods, Inc. v. Bouaphakeo, 2016 WL 1092414 (Mar. 22, 2016) decided the class-certification issues on fairly narrow grounds. Specifically, “representative...more

Supreme Court Limits Wal-Mart, Approves Representative Proof in Employee Class Actions

Kelley Drye & Warren LLP on 4/1/2016

In a highly anticipated decision, the Supreme Court last week affirmed a $5.8 million judgment against Tyson Foods and held that damages in a class action can be established by “statistical sampling” – a phrase that may now...more

Supreme Court Affirms Class Certification and Judgment Predicated upon "Representative Evidence"

Orrick, Herrington & Sutcliffe LLP on 3/31/2016

On March 22, 2016, the Supreme Court issued a decision permitting class plaintiffs to rely on "representative" or "sample" evidence to satisfy the prerequisites to class certification and certain elements of their claims. ...more

The Supreme Court Charts a Narrow Course in the Use of Statistical Evidence at Class Certification

K&L Gates LLP on 3/31/2016

The United States Supreme Court recently ruled in Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146, --- S. Ct. ---, 2016 WL 1092414 (U.S. Mar. 22, 2016), as to when a plaintiff may use statistical sampling in seeking to certify a...more

Lessons from the Supreme Court: Do Not Settle for Average, Keep Exceptional Time Records

Foley & Lardner LLP on 3/30/2016

As we have reported several times before, much litigation has been directed at exposing and litigating the uncertainties posed by the Fair Labor Standards Act (FLSA) in the area of donning (i.e., putting on) and doffing...more

The Aftermath of Tyson Foods: Lessons for Employers

Carlton Fields on 3/30/2016

The Supreme Court’s recent decision in a Fair Labor Standards Act (FLSA) class action against Tyson Foods is an important reminder that employers must be aware that certain pre- or post-employment activities are compensable...more

Implications of Supreme Court’s Approval of Statistical Study Use in Wage-and-Hour Class Actions

Perkins Coie on 3/29/2016

The Supreme Court issued its decision in Tyson Foods, Inc. v. Bouaphakeo on March 22, 2016. The Court held that a group of employees in a class action could use a statistical study to establish the employer’s liability for...more

Supreme Court Says Averages May be Used to Establish Classwide Liability

Parker Poe Adams & Bernstein LLP on 3/28/2016

In its 2011 Dukes decision, the U.S. Supreme Court limited the circumstances under which groups of employees can maintain class action claims relating to their employment. In that case, the Court concluded that Wal-Mart...more

Pork Processing Plant Employees Can Keep the Bacon: Supreme Court Affirms Jury Award and Permits Proof of Wage and Hour Class...

Orrick - Employment Law and Litigation on 3/28/2016

While the Supreme Court in Tyson Foods, Inc. v. Bouaphakeo dashed employers’ hopes that the Court would broadly preclude statistical evidence and severely limit wage and hour class actions in a fashion similar to its...more

Tyson Foods, Inc. v. Bouaphakeo: The Supreme Court Declines to Rule Out Representative Evidence in Class Actions

BakerHostetler on 3/28/2016

In Tyson Foods, Inc. v. Bouaphakeo, 577 U.S. __ (2016), the Supreme Court considered whether a case could proceed as a class action under Rule 23(b)(3) when the plaintiffs relied upon statistical, representative evidence to...more

SCOTUS Opens the Door to Representative Evidence in Donning and Doffing Cases

Cozen O'Connor on 3/26/2016

In a decision that comes as a surprise to many observers, the U.S. Supreme Court held this week in Tyson Foods, Inc. v. Bouaphakeo et al. that plaintiffs can use representative evidence in a donning and doffing class or...more

Taking an Evidentiary Approach, the Supreme Court Rules that Employees Can Use Representative Samples to Establish Classwide...

Mintz - Employment, Labor & Benefits... on 3/26/2016

The United States Supreme Court ruled Tuesday that Tyson Foods employees could use representative evidence to establish liability and damages for class certification purposes. The opinion gives the plaintiffs’ class action...more

Tyson Foods v. Bouaphakeo: “Representative” Evidence May Be Used in (Some) Class Actions

Eversheds Sutherland (US) LLP on 3/25/2016

On March 22, 2016, the United States Supreme Court affirmed the certification of a class of Tyson Foods employees under Rule 23(b)(3) and a collective action under the Fair Labor Standards Act (FLSA). The Court held that...more

Supreme Court Allows Use of Statistical Sampling in Class Actions, But Only In Narrow Circumstances

Ballard Spahr LLP on 3/25/2016

The U.S. Supreme Court has held that statistical sampling may be proper in some contexts in its long-awaited decision in Tyson Foods, Inc. v. Bouaphakeo. The case involves the use of statistical sampling by plaintiffs in...more

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Supreme Court of the United States › Doffing

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