Dekeyser v. Thyssenkrupp Waupaca, Inc.
314 F.R.D. 449
E.D. Wis.2016Background
- Plaintiffs are current and former nonexempt, hourly production workers at Waupaca Foundry who seek pay for time spent donning/doffing work clothes and showering at employer-provided facilities.
- The Seventh Circuit reversed this Court’s earlier summary judgment for Waupaca, holding a factual dispute exists whether changing/showering is “required by the nature of the work.” DeKeyser v. Thyssenkrupp Waupaca, Inc. returned the case for further proceedings.
- Plaintiffs moved to certify a Rule 23 class for Wisconsin-foundry workers (approx. 4,104 members). The Court previously conditionally certified an FLSA collective (482 opt-ins) covering six foundries.
- Waupaca moved to decertify the FLSA collective; Plaintiffs do not oppose removing Indiana and Tennessee opt-ins from the Wisconsin Rule 23 class.
- The Court assessed Rule 23(a) (numerosity, commonality, typicality, adequacy) and Rule 23(b)(2)/(b)(3) predominance/superiority, considering common proof (written hazard materials and Plaintiffs’ industrial hygienist opinion) about whether on-site changing/showering is necessary to reduce health risks.
- The Court certified the Wisconsin Rule 23 class, partially decertified the FLSA collective by creating three district-based subclasses, and ordered transfer of non-Wisconsin opt-ins to their home districts after amended complaints.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rule 23(a) requirements are met for a Wisconsin class | Named reps and common evidence (plant materials, expert) establish commonality, typicality, adequacy, numerosity | Variations in jobs, exposure, health histories and pay methods defeat commonality and typicality | Rule 23(a) satisfied: numerosity, commonality, typicality, adequacy met |
| Whether certification is proper under Rule 23(b)(2) given claims for back pay | Back pay is equitable/incidental to injunctive relief so (b)(2) can apply | Compensatory damages create individualized issues making (b)(2) inappropriate | (b)(2) certification permissible here because damages are back-pay style equitable relief |
| Whether common issues predominate under Rule 23(b)(3) despite individualized exposure/damage questions | Central liability question (whether changing/showering is required/necessary) can be resolved with common evidence; damages math is manageable | Individualized proof of exposure, health, commute, and pay requires individualized adjudication, defeating predominance | (b)(3) satisfied: common liability question predominates; individual damages calculations do not defeat certification |
| Whether the FLSA collective should be decertified and/or split by district | Plaintiffs agree non-Wisconsin opt-ins should be severed/ transferred rather than litigated here | Waupaca sought decertification of the collective entirely; opposed severance earlier | Court granted-in-part: FLSA collective partially decertified into three district-based subclasses; Wisconsin FLSA subclass retained; Indiana and Tennessee opt-ins to be transferred after amended complaints |
Key Cases Cited
- Siegel v. Shell Oil Co., 612 F.3d 932 (7th Cir. 2010) (Rule 23 certification standards)
- Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (U.S. 2011) (commonality inquiry requires common answers)
- DeKeyser v. Thyssenkrupp Waupaca, Inc., 735 F.3d 568 (7th Cir. 2013) (reversing summary judgment; factual dispute about whether donning/doffing is required)
- Espenscheid v. DirectSat USA LLC, 705 F.3d 770 (7th Cir. 2013) (discussion of similarity between FLSA collective and Rule 23 class standards)
- Mullins v. Direct Digital, LLC, 795 F.3d 654 (7th Cir. 2015) (individual damages calculations do not alone defeat class certification)
- Jefferson v. Ingersoll Int'l Inc., 195 F.3d 894 (7th Cir. 1999) (limits on (b)(2) certification when significant individual damages claims exist)
- Tyson Foods, Inc. v. Bouaphakeo, 136 S. Ct. 1036 (U.S. 2016) (importance of common questions in wage-and-hour class litigation)