News & Analysis as of

Fair Labor Standards Act (FLSA) Discovery Class Action

Hinshaw & Culbertson - Employment Law...

Seventh Circuit Ruling Provides Employers With Greater Leverage to Challenge Collective Actions and Limit Exposure

The Seventh Circuit’s recent decision in Richards v. Eli Lilly & Co., 2025 U.S. App. LEXIS 19667 (7th Cir. 2025) significantly changes how federal courts within the circuit will handle collective actions under the Fair Labor...more

Cozen O'Connor

Seventh Circuit Decision Rewrites the Rules for Collective Actions

Cozen O'Connor on

In a recent decision, the Seventh Circuit favorably revised the standard for defendant employers faced with a putative collective action under the Fair Labor Standards Act (FLSA) or the Age Discrimination in Employment Act...more

Foley & Lardner LLP

Seventh Circuit Establishes New Standard for FLSA Conditional Collective Certification: How This May Benefit Employers

Foley & Lardner LLP on

The Seventh Circuit’s recent decision in Richards v. Eli Lilly & Co. et al. (Aug. 5, 2025) marks a pivotal shift in how district courts manage collective actions under the Fair Labor Standards Act (FLSA) across Illinois,...more

Constangy, Brooks, Smith & Prophete, LLP

Court raises the bar for plaintiffs seeking to certify collective actions under FLSA, ADEA

Another federal appellate court has rejected the Lusardi approach to managing collective actions under the Fair Labor Standards Act and the Age Discrimination in Employment Act. In Richards v. Eli Lilly & Co., the U.S....more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Seyfarth Shaw LLP

Eastern District of Virginia Judge Rejects Two-Step Conditional Certification Process for FLSA Collective Actions

Seyfarth Shaw LLP on

Seyfarth Synopsis: In what could become a trend, Judge T.S. Ellis, III recently broke with other courts in the Eastern District of Virginia when he rejected the two-step conditional certification process commonly used in FLSA...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

Fox Rothschild LLP

Lawyers Want To Withdraw From FLSA Class Action Against Cannabis Company Because Their Clients Are Incommunicado—What A Shame!

Fox Rothschild LLP on

This is an interesting and rather unique situation. Two lawyers who represent a putative class of workers who filed a class action under the Fair Labor Standards Act now want to withdraw from the case. They assert that they...more

Fisher Phillips

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

Quinn Emanuel

Business Litigation Report - July 2017

Quinn Emanuel on

Article: July 2017: A Practical Guide to Spoliation Sanctions Under Amended Rule 37(e) - Federal Rule of Civil Procedure 37(e), addressing the availability of sanctions for failure to preserve electronically stored...more

McGuireWoods LLP

E-Discovery Update: Working 9 to 5 and Proving It

McGuireWoods LLP on

Class action lawsuits under the Fair Labor Standards Act (FLSA) involve unique discovery issues. Plaintiffs in these suits often propound burdensome discovery requests seeking login and logoff records from numerous...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Class Action Chronicle - Fall 2015

This is the ninth edition of The Class Action Chronicle, a quarterly publication that provides an analysis of recent class action trends, along with a summary of class certification and Class Action Fairness Act rulings...more

Proskauer - California Employment Law

California Employment Law Notes - July 2015

Employee's Inability To Work For A Particular Supervisor Does Not Constitute A "Disability" - Higgins-Williams v. Sutter Med. Found., 237 Cal. App. 4th 78 (2015) - Michaelin Higgins-Williams worked as a clinical...more

BakerHostetler

Second Circuit Finds Auditors Exempt and Endorses Limits on Class Discovery

BakerHostetler on

While the number of class or collective action lawsuits has exploded, decisions from Circuit Courts of Appeal, particularly on procedural issues, are still infrequent enough to warrant comment. In Pippins v. KPMG, Case No....more

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