Joel Cohn Quoted in Daily Labor Report on Tyson Foods Supreme Court Ruling

Joel Cohn, a partner in Akin Gump’s labor and employment practice, was quoted in the Daily Labor Report article “Is High Court’s Decision in Tyson Foods a Game Changer?” regarding the recent Supreme Court decision in Tyson Foods, Inc. v. Bouaphakeo affirming a $5.8 million judgment against Tyson Foods under the Fair Labor Standards Act and the Iowa Wage Payment and Collection Law. The ruling confirmed that a district court did not abuse its discretion by certifying a class of more than 3300 former and current employees at a Tyson plant in Iowa who claimed the company violated wage and hour laws by denying them overtime pay for time spent putting on and taking off safety gear.

Cohn said the court went out of its way to restrict the holding to the facts and circumstances of this particular case. He pointed to Justice Anthony Kennedy’s majority opinion, in which he stated that the “fairness and utility of statistical methods in contexts other than those presented here will depend on facts and circumstances particular to those cases.”