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
Class Certification Recipe Needs More Flavor: The Fourth Circuit tossed out a class certification order for Bojangles’ shift managers, citing a high level of generality in identifying common policies and overly broad class...more
12/23/2024
/ Class Action ,
Class Certification ,
Class Members ,
Employees ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Fair Labor Standards Act (FLSA) ,
Food Service Workers ,
FRCP 23 ,
Job Descriptions ,
Labor Law Violations ,
Off-The-Clock ,
Restaurant Industry ,
Unpaid Overtime ,
Wage and Hour
Advancing the trend of courts unwilling to rubber stamp the conditional certification of FLSA collective actions, Publix developed an early record of evidence that—when properly scrutinized—warranted the denial of collective...more
12/10/2024
/ Class Action ,
Class Certification ,
Collective Actions ,
Employees ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Labor Law Violations ,
Off-The-Clock ,
Popular ,
Publix ,
Wage and Hour
Seyfarth Synopsis: As reported by Seyfarth, the Fifth Circuit’s January 2021 decision in Swales v. KLLM Transport Services, LLC and the Sixth Circuit’s May 2023 decision in Clark v. A&L Homecare and Training Center, et al....more
Seyfarth Synopsis: Plaintiffs asserting federal and state wage and hour claims in one action often pursue both class certification of state claims under Rule 23 and collective action certification under the FLSA. In that...more
Seyfarth Synopsis: The Seventh Circuit Court of Appeals last week affirmed a district court’s denial of class certification of a state overtime claim on numerosity grounds, reasoning that the touchstone for that element is...more
Last week, a federal judge in the Northern District of Illinois lifted the weight of collective action certification off Life Time Fitness, Inc. and refused to certify a proposed collective of more than 6,000 personal...more
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