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==Facts and Procedural History==<br />
<br />
[[Tyson Foods]] employees brought suit in federal district court against Tyson Foods for violations of the [[Fair Labor Standards Act]] (FLSA) and the Iowa Wage Payment Collection Law.<ref name=Tyson1042>''Tyson Foods'', 136 S. Ct. at 1042.</ref>  The employees worked in an Iowa pork processing plant in the cut and retrim and kill departments.<ref name=Tyson1042/> As part of their work, the employees needed to wear protective gear, and the FLSA required that they be compensated for time spent doing things “integral and indispensable” to their work.<ref name=Tyson1042/> The employees claimed that the time spent putting on and taking off their protective gear—“donning and doffing”—met this standard, and Tyson Foods should have been paying them for the time they spent doing so.<ref name=Tyson1042/> Instead, Tyson Foods compensated some employees for four to eight minutes of this activity and others for none at all.<ref name=Tyson1042/> The employees sought to certify their class under Rule 23 of the [[Federal Rules of Civil Procedure]].<ref name=Tyson1042/> Tyson Foods argued that the class should not be certified because of the individual variance in the employees’ protective gear.<ref>''Tyson Foods'', 136 S. Ct. at 1042-43.</ref> <br />
<br />
The district court held that there were sufficiently common questions so as to certify the class; for example, whether the donning and doffing qualified as work under the FLSA. <ref name=Tyson1043>''Tyson Foods'', 136 S. Ct. at 1043.</ref> The case was tried and went to a jury.<ref name=Tyson1043/> The jury had to decide whether the donning and doffing qualified as work, and how much time it took that was not currently being paid by Tyson Foods.<ref name=Tyson1043/> The claims were based on overtime work, so only employees who, after including donning and doffing time, worked more than forty hours per week would be able to recover.<ref name=Tyson1043/> But Tyson Foods did not keep records of the time that each employee spent putting on and taking off their protective gear.<ref name=Tyson1043/> The employees, therefore, relied on employee statements, videos of people putting on and taking off protective gear, and a research study.<ref name=Tyson1043/> The study had people put on and take off gear, and averaged how long it took, which was considered “representative evidence.”<ref>''Tyson Foods'', 136 S. Ct. at 1043-44.</ref> Tyson Foods asked the judge to bifurcate proceedings so that the jury would first answer whether the FLSA covered time it took to put on and take off protective gear and how long the donning and doffing took, and then the jury would determine which employees would be eligible to recover.<ref name=Tyson1044>''Tyson Foods'', 136 S. Ct. at 1044.</ref> But Tyson Foods did not question the representative evidence used—for example, by moving for a ''[[Daubert]]'' hearing—and instead emphasized that there was too much individual variance for the issues to be resolved in a class.<ref name=Tyson1044/> The representative evidence presented would have supported an award of $6.7 million.<ref name=Tyson1044/> The jury found that donning and doffing was compensable under the FLSA, but only awarded $2.9 million to the class.<ref name=Tyson1044/><br />
<br />
Tyson moved to set aside the jury verdict, alleging improper class certification.<ref name=Tyson1044/> The [[Court of Appeals for the Eighth Circuit]] disagreed and affirmed the judgment.<ref>{{cite court |litigants=Bouaphakeo v. Tyson Foods, Inc. |vol=765 |reporter=F.3d |opinion=791 |pinpoint= |court=[[8th Cir.]] |date=2014 |url=https://www.leagle.com/decision/infco20140825135 |accessdate=2018-07-28 |quote=}}</ref><ref name=Tyson1044/> It held that the use of representative evidence was appropriate in this case.<ref name=Tyson104445/><br />

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