Can a plaintiff support a collective lawsuit if some of the individuals in the purported class have not suffered any harm? The Supreme Court took up this question during yesterday’s oral argument in Tyson Foods v. Bouaphakeo, a case that will go a long way to deciding the continued viability of class or collective actions to decide wage and hour lawsuits.
The underlying legal issue is a familiar one: donning and doffing (that is, compensation for time spent putting on, and taking off, protective gear). This case also carries forward themes from 2011’s Wal-Mart Stores v. Dukes decision (which opined on the non-viability of a nationwide class action in which the class members lacked common harm), and last week’s Spokeo v. Robins oral argument (which will decide if a plaintiff has standing to bring a lawsuit for a technical violation of the Fair Credit Reporting Act if the individual suffered no resulting concrete harm).
So, what is Bouaphakeo all about?