News & Analysis as of

Employer Liability Issues › Fair Labor Standards Act (FLSA) › Opt-In

Husch Blackwell LLP

Seventh Circuit Raises the Bar for Collective Actions, Gives Employers New Tools at the Notice Stage

Husch Blackwell LLP on

The Seventh Circuit’s decision in Richards v. Eli Lilly & Co. represents the most significant shift in collective action procedure in the circuit in decades. For many years, district courts in the circuit have utilized the...more

Seyfarth Shaw LLP

From Leniency to Scrutiny: The New FLSA Certification Landscape

Seyfarth Shaw LLP on

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

Littler

Ohio Adopts Provisions of the FLSA to Eliminate Hybrid Actions and to Clarify Compensable Time

Littler on

Ohio Governor Mike DeWine signed Senate Bill 47 (SB 47) into law on April 6, 2022.  SB 47 goes into effect on July 6, 2022 and includes new Ohio Revised Code § 4111.031, which limits an employer’s obligation to pay overtime...more

Jackson Walker

Impact of the Fifth Circuit’s Swales Decision on the FLSA Collective Action Certification Process

Jackson Walker on

Employers confronted with Fair Labor Standards Act (FLSA) claims as to their operations in Texas, Louisiana, or Mississippi should take note of a new decision by the United States District Court for the Northern District of...more

Jackson Walker

Fifth Circuit Requires District Courts to Follow More Stringent Standard to Certify FLSA Collective Actions

Jackson Walker on

On January 12, 2021, the United States Court of Appeals for the Fifth Circuit issued a groundbreaking decision announcing that district courts should “rigorously enforce” a more stringent standard for the certification of...more

Fox Rothschild LLP

Eleventh Circuit Decision On Opt-In Consent Changes FLSA Collective Action Landscape

Fox Rothschild LLP on

Employers are always trying to cut off the head of a class action, i.e. the named plaintiff, in order to bring the case to an end. What happens when the named plaintiff is gone from the case but some people have opted in? Do...more

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