In a much-anticipated decision, the U.S. Supreme Court recently affirmed a $2.9 million judgment in a class action for unpaid overtime wages against Tyson Foods Inc. (Tyson) in which employee class members relied on representative and statistical evidence to establish class-wide liability. The Court held that the class-member employees could establish class-wide liability through the use of representative and statistical evidence because the class members could have relied on such evidence to establish liability in individual actions. The Court explained that its decision was in line with its earlier class action decision in Wal-Mart v. Dukes, because the employees in Wal-Mart, unlike those in the present case, were not similarly situated and therefore could not have prevailed in individual suits by relying on aggregate proof. The Court repeatedly emphasized, however, that it was not adopting “broad or categorical rules regarding the use of representative and statistical evidence in class actions.” As a result of this decision, employers and their defense counsel no longer can argue that representative and statistical evidence is never permitted to establish class-wide liability.
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