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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
Courts have been dancing away from the two-step process for certification of collective actions under the Fair Labor Standards Act (FLSA), and the 6th Circuit is the latest to join the trend. In a recent decision that could...more
The Sixth Circuit has become the second federal appeals court to toughen the standard for plaintiffs seeking court-authorized notice to potential claimants in a collective action under the Fair Labor Standards Act (FLSA). On...more
On January 12, 2021, the U.S. Fifth Circuit Court of Appeals issued a landmark ruling in Swales v. KLLM Transport Servs., LLC, wherein the court did away with the two-step Lusardi framework that most Fair Labor Standards Act...more
The U.S. Court of Appeals for the Fifth Circuit issued a potentially landmark decision in Swales v. KLLM Transport Services, L.L.C. on Jan. 12, 2021, rejecting more than 30 years of case law related to conditional...more
As summarized below, recent updates to Model COBRA Notices, extensions of deadlines as a result of COVID-19, and an uptick in class action lawsuits stemming from allegedly deficient COBRA Notices, will require a review of...more
In Bryant v. Wal-Mart Stores, Inc., three former Walmart employees moved to certify a class against the retailer, alleging that they were injured by Walmart's allegedly defective notices under the Employee Retirement Income...more
Seyfarth Synopsis: In a must-read decision and case of first impression at the federal appellate level, the Fifth Circuit Court of Appeals held late last week that a district court may not approve sending notice of an FLSA...more
Seyfarth Synopsis: The New York Court of Appeals holds that the state’s class action rules require notice of settlements to be sent to putative class members – even though no class has been certified....more