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Circuit Courts Endorse Limiting Jurisdiction in FLSA Collective Actions

In two decisions issued on the same day, the Sixth and Eighth Circuits recently joined many district courts across the country in holding that federal courts cannot exercise jurisdiction over Fair Labor Standards Act (FLSA)...more

Dear Littler: What are the Wage and Hour Issues with our Wandering Workers?

Dear Littler:  We’re a small company based in Austin, Texas – but we’re growing.  We made it through the pandemic, and we’re all looking forward to getting back to work.  We recently announced that employees can return to the...more

Fifth Circuit Weighs in on Motor Carrier Act Overtime Exemption and Small Vehicle Exception

It is commonly understood that employees bear the burden of proving that they are covered by the Fair Labor Standards Act (FLSA), and, to avoid minimum wage or overtime obligations, the employer bears the burden of proving...more

11th Circuit: Putative Opt-in Plaintiffs are Parties to Litigation – Even After Conditional Certification is Denied

In many suits filed as collective actions under the Fair Labor Standards Act (FLSA), individuals hoping to join the action as opt-in plaintiffs submit consents to join the lawsuit even before the named plaintiff moves for...more

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