Workers May Prove Overtime Violations by Using Statistical Evidence

On March 22, 2016 the Supreme Court of the United States issued an opinion in Tyson Foods v Bouaphako, clarifying the issue of when a group of employees can successfully sue their employer for non-compliance with overtime provisions of the Fair Labor Standards Act. What does this mean for you? It will make it easier for employees to prove that they have not been properly paid.

The employees had previously been awarded $2.9 million in damages because Tyson Food did not compensate their employers for the time spent putting on or taking off their protective gear. The Court held by a 6-2 vote that employees could rely upon a statistical sample as a means to prove the case for the plaintiffs. Basically, this means that employees do not have to prove that each individual employee was harmed in the same way.

One factor that helped the Court in making this decision was the failure of Tyson to comply with the law by keeping records of each individual employee’s overtime. Do you believe that your employer is keeping accurate records?

Many employers short change their employees of the overtime pay to which they are legally entitled.

If you suspect that your employer is not paying you the overtime to which you are entitled, please contact me at the Employment Law Firm of Philadelphia.

Categories: Overtime