The Court granted cert. in a wage and hour collective? and? class? action? where? the? plaintiffs relied on representative proof. The certified questions are: (1) Whether differences among individual class members? may? be? ignored? and? a? class? action certified ?under ?Federal ?Rule ?of ?Civil ?Procedure 23(b)(3), or a collective action certified under the Fair Labor Standards Act, where liability and damages will be determined with statistical techniques that presume all class members are identical to the average observed in a sample; and (2) whether a class action may be certified or maintained under Rule 23(b)(3), or a collective action certified or maintained under the Fair Labor Standards Act, when the class contains hundreds of members who were not injured and have no legal right to any damages.
Tyson?s? Foods? v.? Bouaphakeo,? 115? S.? Ct.? ? (6/8/15).