Supreme Court Decision Alert - March 23, 2016

Yesterday, the Supreme Court issued one decision, described below, of interest to the business community.

Class and Collective Actions—Standard for Certification

Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146

Under Federal Rule of Civil Procedure 23(b)(3), a court may certify a suit for damages as a class action when "there are questions of law or fact common to the class" that "predominate over any questions affecting only individual members." Similar certification standards apply when a plaintiff seeks to certify a collective action under the Fair Labor Standards Act (FLSA). Yesterday, in a highly anticipated decision, the Supreme Court affirmed the certification of an FLSA collective action where the evidence tying class members together was a study of a representative sample of similarly situated workers.