Fair Labor Standards Act; collective actions; state law class actions; overtime; donning; doffing; Rule 23; U.S. Supreme Court

Co-authored by Richard Alfred, Patrick Bannon, and Daniel Whang

Companies burdened by an avalanche of wage and hour class and collective actions have been hoping that Tyson Foods, Inc. v. Bouaphakeo might be the game-changing decision they have been waiting for.  If the oral argument before the Supreme Court this morning is an accurate indication (and it may
Continue Reading Where’s the (Pork)? Justices Sidestep Meatiest Issues at Oral Argument in Tyson Foods

Co-authored by Richard Alfred, Patrick Bannon and Esther Slater McDonald

In a case that could change how wage and hour class and collective actions are litigated, Tyson Foods, Inc. recently filed its opening Supreme Court brief. Tyson seeks reversal of a $5.8 million judgment in favor of meat processing employees who claimed to have worked off the clock.

As
Continue Reading Supreme Court Briefing Begins in Tyson Foods, Inc. v. Bouaphakeo, A Potential Wage and Hour Blockbuster