Mealey's (September 16, 2020, 9:38 AM EDT) -- PHILADELPHIA — A trial court erred in an employee misclassification suit by holding a renewed motion for class certification to a higher standard applied to motions for reconsideration and by misapplying ascertainability case law, a split Third Circuit U.S. Court of Appeals panel ruled Sept. 9, extending Tyson Foods, Inc. v. Bouaphakeo and Anderson v. Mt. Clemens Pottery Co. to the determination of a class's ascertainabiltiy and holding that it may be proven by workers where an employer failed to keep records as required by law (Sam Hargrove, et al. v. Sleepy's LLC, No. 19-2809, 3rd Cir., 2020 U.S. App. LEXIS 28501)....