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Seventh Circuit Richards: A New Flexible Framework for Courts Issuing Notice of Collective Actions

The U.S. Court of Appeals for the Seventh Circuit has provided a new framework for district courts to apply when deciding whether to issue notice to potential plaintiffs of a pending collective action under the Fair Labor...more

Ninth Circuit Hands Employers Split Decision on Key Procedural Aspects of FLSA Collective Actions

A recent decision by the U.S. Court of Appeals for the Ninth Circuit hit a trifecta of important legal procedures affecting litigation of Fair Labor Standards Act (FLSA) collective actions. Harrington v. Cracker Barrel Old...more

Third Circuit Offers Guidance on When Donning and Doffing Safety Gear Is Compensable

A federal district court applied the wrong legal test when it held on summary judgment that oil rig workers were not entitled to compensation under the Fair Labor Standards Act (FLSA) for the time they spent changing into and...more

Appeals Court Creates Circuit Split on Whether Bristol-Myers Applies to Collective Actions

In its 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of Cal., the U.S. Supreme Court held that a state court could not exercise specific personal jurisdiction over nonresident plaintiffs’ claims against a...more

Incentive Or Service Awards For Class Action Plaintiffs Unlawful, Eleventh Circuit Rules

“Incentive” or “service” awards to lead plaintiffs in Federal Rule of Civil Procedure 23 (Rule 23) class actions are unlawful, the U.S. Court of Appeals for the Eleventh Circuit has ruled in a suit brought under the Telephone...more

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