Attorneys React to High Court's Tyson Class Action Ruling
Atlanta partner Seth Ford was extensively quoted in a March 22 Law360 article about why the Supreme Court’s ruling in Tyson Foods Inc. v. Bouaphakeo is significant.
On Tuesday, the court affirmed a $5.8 million judgment against Tyson Foods in a worker don-doff case, holding that averages and other statistical analyses can be used to show similarities between disparate class members.
“Tyson Foods Inc. v. Bouaphakeo highlights the importance for employers to be accurate and precise when it comes to wage and hour record keeping,” Seth said. “The court’s emphasis on Tyson Food’s lack of record keeping led to the court affirming sole reliance on representative sample evidence on a classwide scale. As the financial incentives of FLSA lawsuits are too significant to be going away anytime soon, employers should use every tool in their arsenals to limit liability. This includes accurate and thorough record keeping and express language in collective bargaining agreements addressing any potential compensation for donning and doffing equipment. While use of statistics from a sample of employees was upheld in this instance, this case should not lead to rampant use of statistical evidence in class actions generally. The court correctly emphasized that the use of such evidence is a fact-specific, individualized determination.”