Statistics In Wage And Hour Class Actions: Has Anything Really Changed?

The probability is “not really”

Statistics are kind of a holy grail of class action litigation. Everyone seems to know that they exist, but their understanding is shadowy and the quest to find valid statistical models often proves elusive. Last month's Supreme Court decision in Tyson Foods, Inc. v. Bouaphakeo, Case No. 14-1146 (Mar. 22, 2016), certainly addressed the topic, and while it will likely increase the number of attempts to use statistical data, their actual use will likely remain limited.

The Tyson Foods case (which is much easier to say than "Bouaphakeo") was one of many donning and doffing cases brought over the past several years in the slaughterhouse industry. In this particular case, the claim was that the employer failed to compensate employees for the time they spent donning and doffing various pieces of protective gear. The type of gear varies among the types of work actually being done. In addition, the actual amount of time worked by the