Appeals, Fair Labor Standards Act (FLSA), Opt-In

Seventh Circuit Adopts Middle-Ground Approach to FLSA Notice in Richards v. Eli Lilly

Nelson Mullins Riley & Scarborough LLP on 8/7/2025

In Richards v. Eli Lilly, the Seventh Circuit charted new territory for how courts should evaluate requests to send notice in Fair Labor Standards Act (FSLA) collective actions under 29 U.S.C. § 216(b). Departing from the...more

Sixth Circuit Adopts New Certification Procedure Under the FLSA

Bass, Berry & Sims PLC on 6/15/2023

The Fair Labor Standards Act (FLSA) provides a process by which an employee or a small group of employees can sue for unpaid wages, often in the form of overtime, and can also claim to be representing all others “similarly...more

Federal Appeals Courts Add to Employers’ Confusion by Disagreeing on Whether to Dismiss Out-of-State Plaintiffs in FLSA Collective...

Fisher Phillips on 2/10/2022

Over the past several years, many federal courts have weighed in on whether a key Supreme Court decision requires them to dismiss non-resident opt-in plaintiffs in federal wage and hour collective actions, and there is now...more

Sixth Circuit Limits Exercise of Personal Jurisdiction in FLSA Collective Actions

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/26/2021

On August 17, 2021, the Sixth Circuit Court of Appeals became the first federal appellate court to expressly rule on the application of the Supreme Court of the United States’ decision in Bristol-Myers Squibb Co. v. Superior...more

Invitations (To Join FLSA Collective Actions) Have Consequences: Seventh Circuit Rules That FLSA Opt-In Notice Should Not Be Sent...

Seyfarth Shaw LLP on 1/31/2020

Seyfarth Synopsis: An appellate court has ruled that a district court should not authorize notice of an FLSA suit to employees who are ineligible to join the suit because they agreed to resolve disputes exclusively through...more

Opt Ins are Out (of Luck) Appealing Decertification

Seyfarth Shaw LLP on 12/5/2016

With all the drama of a get-away chase, the Third Circuit recently brought to a screeching halt plaintiffs’ counsel’s elaborate maneuvers to end run repeated decertification of their FLSA actions, and held as a matter of...more