In Bouaphakeo v. Tyson Foods, Inc., 765 F.3d 791 (8th Cir. 2014) (No. 12-3753), the district court certified a class and awarded damages to a class of current and former employees who claimed defendants violated the Fair Labor Standards Act because their compensation did not include compensable pre- and post-production line activities, including donning and doffing required equipment and clothing.  The Eighth Circuit affirmed.  Plaintiffs relied on a time study and statistical proof regarding “typical” employees.  The company argued that differences in equipment and clothing between positions and individual actions of employees and management precluded certification.  While recognizing individual class members varied in their routines, the court concluded the case was not dominated by individual issues and such issues could be resolved through sampling and statistical techniques.  The Supreme Court granted the defendant’s petition for a writ of certiorari which presents the following questions:  “(1) May differences among individual class members be ignored and a class action certified under Fed. R. Civ. P. 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? (2) May a class action 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?”