1. Whether, in this class and collective action for wage-and-hour violations arising out of an employer's failure properly to compensate employees for time spent donning and doffing protective equipment and walking between sites where work was performed, the district court abused its discretion in granting certification where plaintiffs proceeded to prove the amount of work they did using individual timesheet evidence and representative proof concerning donning, doffing, and walking times in accordance with Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680 (1946).
2. Whether a class or collective action may be certified when it contains members who may not have been injured.
David C. Frederick, Derek T. Ho, Matthew A. Seligman, Robert L. Wiggins Jr., Scott Michelman, Scott L. Nelson, Allison M. Zieve, and Eric Schnapper, Brief for Respondents. Tyson Foods, Inc. v. Bouaphakeo, 136 S.Ct. 1036 (2016) (No. 14-1146), 2015 WL 5634431 (2015) https://digitalcommons.law.uw.edu/faculty-court-briefs/7