In the case Tyson Foods, Inc. v. Bouaphakeo (2015), employees of a pork processing plant owned by Tyson Foods sued for unpaid overtime under the Fair Labor Standards Act and Iowa state law. The workers claimed that they were not compensated for time spent putting on and taking off protective gear necessary to perform their jobs. A class action lawsuit was filed on behalf of 3,344 employees who sought compensation for this additional time which often pushed their workweek beyond 40 hours - qualifying them for overtime pay according to federal law. The Supreme Court ruled in favor of the workers in a 6-2 decision stating that statistical evidence could be used to determine damages when an employer failed to keep adequate records, as was alleged against Tyson Foods.

In the dissenting opinion for Tyson Foods, Inc., v. Bouaphakeo, Chief Justice Roberts and Justice Alito argued that the court's decision to allow statistical sampling as a means of determining damages in class action lawsuits could lead to unfair results. They contended that this method assumes all members of the class suffered identical harm, which is not always accurate or fair. The justices also expressed concern about potential due process issues arising from defendants being unable to challenge individual claims within a collective lawsuit because they are lumped together through statistical averaging. Furthermore, they criticized the majority for failing to address whether uninjured individuals were part of the certified class and if their inclusion was permissible under Article III standing requirements.