Workforce Bulletin

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 explicitly define the classes and claims that are the subject of a certification order and (ii) provide an analysis of how the court reconciled any conflicting evidence supporting class certification.

In addition, the Third ...

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 $5.8 million.)

In a 6-2 opinion, the Supreme Court affirmed that award.  While the Supreme Court’s decision may not have been the outcome many were expecting, the Court did not issue a broad ruling regarding the use of statistical evidence in class ...

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 directly with the standards for donning and doffing – i.e., the practice of employees putting on and taking off their uniforms and/or personal protective equipment pre- and post-shift – the Court appears likely to resolve ...