Tyson Foods v. Bouaphakeo presents a classic legal dilemma: two lines of cases, one older and one newer, neither exactly on point. Which will the Court pick or will it craft a new test?
More pragmatically, local governments will be interested in this case because it involves the Fair Labor Standards Act (FLSA). Given the difficulties of complying with this complex law, no employer is immune from the possibility of FLSA litigation.
One of two questions the Supreme Court will decide in Tyson Foods v. Bouaphakeo is whether a representative sample may be used calculate liability and damages for an entire class of workers. The other question is whether a class may include hundreds of members who weren’t affected. Continue reading