The Seventh Circuit has joined the Fifth and Sixth Circuits in establishing a higher bar for employees to clear before courts may authorize “notice” to potential members of an FLSA collective action. Although the Seventh...more
8/8/2025
/ Appeals ,
Appellate Courts ,
Burden-Shifting ,
Class Action ,
Class Certification ,
Class Members ,
Collective Actions ,
Discovery ,
Employer Liability Issues ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Labor Law Violations ,
Litigation Strategies ,
Notice Requirements ,
Wage and Hour
In E.M.D. Sales, Inc., et al. v. Carrera, et al, the United States Supreme Court unanimously held that employers need only prove an employee is exempt from overtime under the Fair Labor Standards Act by a preponderance of the...more
1/17/2025
/ Appeals ,
Class Action ,
Department of Labor (DOL) ,
EMD Sales Inc v Carrera ,
Employment Litigation ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Federal Labor Laws ,
Over-Time ,
Preponderance of the Evidence ,
SCOTUS ,
Wage and Hour ,
White-Collar Exemptions
Seyfarth Synopsis: As previously discussed in this space, the Ninth Circuit recently chose to side with the Second Circuit, and not the Sixth Circuit, and ruled that mortgage underwriters fail to meet the FLSA’s...more
9/29/2017
/ Administrative Exemption ,
Appeals ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Mortgage Servicers ,
Over-Time ,
Petition for Writ of Certiorari ,
SCOTUS ,
Split of Authority ,
Underwriting ,
Wage and Hour
It is not every day that multi-million wage and hour class action judgments get reversed. But that is exactly what happened twice late last week in the Eighth Circuit in two cases against the same employer involving similar...more
9/1/2015
/ Appeals ,
Class Action ,
Class Certification ,
Damages ,
Fair Labor Standards Act (FLSA) ,
FRCP 23 ,
Non-Work Hours ,
Opt-Outs ,
Reversal ,
State Law Claims ,
Summary Judgment ,
Wage and Hour