Tyson landed itself in court (on multiple other occasions, in addition to the present case) by failing to keep accurate records of the time employees actually work, a requirement of the FLSA. Back in 1946, in a case called Anderson v. Mt. Clemens, the Court addressed what to do if an employee thinks she has been underpaid but an employer has kept inaccurate records. To avoid letting employers off-the-hook and to eliminate an incentive for poor record-keeping, the Court said that employees can show the unrecorded time worked through drawing reasonable inferences. For example, a reasonable inference through statistical analysis might reveal the time it takes employees to put on and take off gear. But Tyson objected to the use of statistical analysis since it claimed that it would obscure the variation in injury—something it says matters for purposes of class certification. Early in the argument of Tyson’s attorney Carter Phillips, Justice Kagan turned the Court’s attention to the role of Mt. Clemens in this case.