Wage and Hour, Appeals, Litigation Strategies

Is a Uniform Standard for Evaluating FLSA Collective Action Notice Motions on the Horizon?

Littler on 9/4/2025

The Fair Labor Standards Act (FLSA) provides a framework for how employees are compensated under federal law. In addition to establishing minimum wage and overtime standards, among other things, the FLSA allows employees to...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

Ninth Circuit Hands Employers Split Decision on Key Procedural Aspects of FLSA Collective Actions

Jackson Lewis P.C. on 8/4/2025

A recent decision by the U.S. Court of Appeals for the Ninth Circuit hit a trifecta of important legal procedures affecting litigation of Fair Labor Standards Act (FLSA) collective actions. Harrington v. Cracker Barrel Old...more

Decertification Of Class Action Upheld

Proskauer - California Employment Law on 7/24/2025

Allison v. Dignity Health, 112 Cal. App. 5th 192 (2025) - Two former registered nurses filed a putative class action against their former employer, alleging various wage and hour claims...more

Where It’s Filed Really Matters: Jurisdictional Limits in Wage and Hour Litigation

Seyfarth Shaw LLP on 7/14/2025

The Ninth Circuit’s decision in Harrington v. Cracker Barrel underscores the growing importance of personal jurisdiction in limiting the scope of FLSA collective actions. The court held that employees with no connection to...more

California Appellate Court Affirms Employer’s Decertification of Meal and Rest Period Class Action

Ogletree, Deakins, Nash, Smoak & Stewart,... on 7/2/2025

The California Court of Appeal, First Appellate District, recently affirmed a trial court ruling decertifying a wage-and-hour class action alleging a hospital failed to comply with protections for meal and rest periods for...more

California Court of Appeal Decision in Rose v. Hobby Lobby: No Recovery of Costs Against Nonparticipating State Agency

Ervin Cohen & Jessup LLP on 6/3/2025

On May 14, 2025, the California Court of Appeal issued a decision in Rose v. Hobby Lobby Stores, Inc., addressing whether the California Labor and Workforce Development Agency (LWDA) can be held liable for an employer’s...more

California Court Narrows “Death Knell” Appeal Rule: Key Takeaways for Employers

Ervin Cohen & Jessup LLP on 5/29/2025

In Chavez v. Hi-Grade Materials Co., the California Court of Appeal issued a ruling that significantly impacts how and when employees can appeal orders denying class certification, especially in cases involving both class...more

PAGA Paraphrased – Rose v. Hobby Lobby Stores, Inc.

Seyfarth Shaw LLP on 5/21/2025

The First District held that a prevailing defendant in a PAGA action may not recover litigation costs from the California Labor Workforce Development Agency when the LWDA did not participate in the litigation....more

Class Action & MDL Roundup 2024 Q4 – We Give You the Benefit of the Bargain

Alston & Bird on 3/28/2025

Welcome back to the Class Action & MDL Roundup! This edition covers notable class actions from the fourth quarter of 2024. In this edition, an overdue audiobook suit is shelved, an old case gets new reps and new...more

Key California Employment Law Cases: April 2020

Payne & Fears on 5/9/2020

Anthony v. TRAX Int’l Corp., No. 18-15662, 2020 WL 1898843 (9th Cir. Apr. 17, 2020) - Summary: An employer may use after-acquired evidence to show that a plaintiff is not a qualified individual under the Americans with...more

New York’s Highest Court: Pre-Certification Settlements Require Classwide Notice

Seyfarth Shaw LLP on 12/14/2017

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

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