Tyson Foods, Inc. v. Bouaphakeo, Peg, Et Al.

Whether, under the Fair Labor Standards Act, a class action containing non-identical members and non-injured members can be certified.

Petitioner is a pork-processing company, and Respondents are employees of the company. Respondents sued Petitioner for unpaid wages, claiming that the company failed to provide overtime compensation as required in the Fair Labor Standards Act. Respondents want overtime compensation for the time required to put on, remove, and store protective equipment. The district court found in favor of the Respondents, and the 8th Circuit affirmed.

Petitioner argues that the members of the class action are not identical and asks the Court to consider whether this type of class action can be certified. Petitioner also asks the Court to consider whether a class can bring a suit if some members of the class are not injured. The Court will address whether damages can be calculated from a small part of the class, and whether members of the class can collect damages if they were not injured from the action at issue in the suit.