Lieff Cabraser partner Jason L. Lichtman will be speaking at an American Bar Association (ABA) Section of Litigation Roundtable on April 26, 2016 from 2:00-3:00pm Eastern time. The roundtable will be discussing how statistical evidence establishes classwide liability, using the Supreme Court’s recent decision on the Tyson Foods lawsuit as an example.
The Tyson v. Bouaphakeo case was brought by low-wage workers at a Tyson Foods pork-processing plant seeking overtime pay for time spent putting on and taking off their work clothes (“donning and doffing”). In March 2016, the U.S. Supreme Court ruled in the workers’ favor.
The Court upheld a lower court decision in favor of employees at Tyson Foods, which included a $5.8 million award in their favor in a pay dispute over previously unpaid time spent by workers putting on and taking off protective work clothes and equipment. Tyson argued that the employees do their jobs when they are on the slaughter and processing floors, and not during preparation for that work. However, the Court noted that in a situation where an employer failed to keep proper records, statistical evidence could be used to determine the number of additional hours that each employee had actually worked.
Mr. Lichtman will be discussing the case with Mike Mueller of Hunton & Williams, who was lead counsel in the district court and Eighth Circuit Court of Appeals, and co-lead counsel in the U.S. Supreme Court, in Tyson Foods, Inc. v. Bouaphakeo, No. 14-1146 (decided March 22, 2016).
About Jason Lichtman
Mr. Lichtman is a partner in our New York office with a practice focused on consumer protection and defective product cases. In addition to his trial court practice, he has secured major victories as a counsel of record before numerous federal appellate courts, including Butler et al. v. Sears, Roebuck & Co., and In re Whirlpool Corp. Front-Loading Washer Products Liability Litigation.