Employer Liability Issues, Collective Actions, Labor Law Violations

9 Steps Mine Operators Should Take as Overtime Class/Collective Actions Surge Across the Country

Fisher Phillips on 8/12/2025

In recent months, we have seen a substantial uptick in class and collective actions filed against mine operators on behalf of current and former hourly miners (and other hourly field personnel) alleging violations of the Fair...more

For Richards And Not For Poorer: Employers in the Seventh Circuit Get Reprieve From Unfair FLSA Collective Certification Standard

Seyfarth Shaw LLP on 8/8/2025

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

Double discrimination against part-time workers

Ius Laboris on 10/23/2024

The European Court of Justice recently found that a collective agreement provision on overtime pay potentially violated the prohibition of discrimination against part-time employees as well as the prohibition of...more

EDVA Judges Wade Into Circuit Split Over Certifying FLSA Collective Actions

Troutman Pepper Locke on 8/21/2023

In an August 11 decision, Judge Henry Hudson of the EDVA conditionally certified a class of food service workers employed by a federal contractor at Fort Pickett who sued for unpaid overtime pay under the Fair Labor Standards...more

The Bar Is Low – But It Does Exist: A Reminder that Defeating (or Limiting) Conditional Certification Is Not Impossible

Polsinelli on 7/31/2023

In a recent case from the District of Colorado, a federal judge made clear that (at least in the Tenth Circuit) the first step of conditional certification is not just a rubber stamp to move on to the next stage of litigation...more

Sixth Circuit Rejects the Traditional Two-Step Conditional Certification Process in FLSA Collective Actions

FordHarrison on 5/25/2023

Executive Summary: The two-step conditional certification process in Fair Labor Standards Act (FLSA) collective action lawsuits, known as the Lusardi standard, has been the law of the land for over 30 years. The conditional...more

Sixth Circuit Rejects Two-Step Collective Certification Process in FLSA Suits

Dinsmore & Shohl LLP on 5/24/2023

In a welcomed change to a class certification process that has long favored plaintiffs, the Sixth Circuit’s May 19, 2023 decision in Clark/Holder v. A&L Homecare and Training Center, LLC adopts a new standard for certifying...more

Cannabis Employers Can’t Escape Wage Claims, Says Court

Fisher Phillips on 9/30/2019

• Cannabis businesses must comply with federal wage and hour law, a federal appeals court ruled, despite the fact they operate in a field still illegal under another federal law. The court said two wrongs don’t make a right....more

Empire State Employer Emerges Victorious In Equal Pay Act Lawsuit

Seyfarth Shaw LLP on 5/7/2018

Seyfarth Synopsis: In an Equal Pay Act collective action lawsuit brought by female school crossing guards against the City of New York, who alleged they were paid less than male traffic enforcement agents, a federal district...more

Employer Liability Issues › Collective Actions › Labor Law Violations

"My best business intelligence, in one easy email…"