News & Analysis as of

Wage and Hour Collective Actions

Littler

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

Littler on

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

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

Robinson Bradshaw

Continued Evolution in the Standards for Conditional Certification of FLSA and ADEA Claims

Robinson Bradshaw on

This blog often focuses on traditional, opt-out class actions brought under Federal Rule of Civil Procedure 23, but there is another common form of mass action: collective actions under the Fair Labor Standards Act and the...more

Epstein Becker & Green

New FLSA Notice Standard, DOL’s PAID Program, Axed Wage and Hour Penalties - #WorkforceWednesday® - Employment Law This Week®

Epstein Becker & Green on

This week, we dig into the U.S. Court of Appeals for the Seventh Circuit’s new Fair Labor Standards Act (FLSA) collective action notice standard, the U.S. Department of Labor’s (DOL’s) relaunched Payroll Audit Independent...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

Jackson Lewis P.C.

Seventh Circuit Richards: A New Flexible Framework for Courts Issuing Notice of Collective Actions

Jackson Lewis P.C. on

The U.S. Court of Appeals for the Seventh Circuit has provided a new framework for district courts to apply when deciding whether to issue notice to potential plaintiffs of a pending collective action under the Fair Labor...more

Fisher Phillips

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

Fisher Phillips on

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

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

Bradley Arant Boult Cummings LLP

7th Circuit “Opts In” to the Evolving Collective Action Debate

Just this week, in Richards v. Eli Lily & Co., the Seventh Circuit Court of Appeals became the third circuit to depart from the long-standing Lusardi standard for distributing notice to potential plaintiffs in collective...more

Epstein Becker & Green

Nationwide FLSA Lawsuits Just Got Harder—Here’s Why - #WorkforceWednesday® - Employment Law This Week®

This week, we examine a recent pivotal ruling by the U.S. Court of Appeals that could significantly influence how employers handle Fair Labor Standards Act (FLSA) collective actions. Nationwide FLSA Lawsuits Just Got...more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Fisher Phillips

Wave of Deregulation Hits DOL: What Employers Need to Know About the 60+ Rules on the Chopping Block

Fisher Phillips on

The U.S. Department of Labor just quietly launched one of the most sweeping deregulatory efforts in recent memory, advancing over 60 proposals that could reshape workplace rules across industries. From overtime and minimum...more

Constangy, Brooks, Smith & Prophete, LLP

What lies beneath. Three wage and hour dangers you may never see coming.

On January 19, a federal district court in Arkansas paved the way for a jury to decide whether 2,000 employees were entitled to recover unpaid overtime for all weeks in which they worked more than 40 hours, while having...more

Jackson Lewis P.C.

[Event] Workplace Horizons 2025 - April 30th - May 2nd, New York, NY

Jackson Lewis P.C. on

The leading educational and networking conference — from the premier firm for employment + labor law - Join us at Workplace Horizons 2025, where attorneys, in-house counsel and HR leaders come together to share and solve...more

Constangy, Brooks, Smith & Prophete, LLP

Supreme Court unanimously rejects heightened burden for employer to prove overtime exemption under FLSA

In overtime litigation under the Fair Labor Standards Act, the employer has the burden of proving that an employee is exempt. However, the degree of proof required was not decided until the Supreme Court spoke last week....more

Jackson Lewis P.C.

Seventh Circuit Stands Firm on Bristol-Myers Application: Employee Forum Shopping on Collective Actions Gets Harder

Jackson Lewis P.C. on

In its 2024 opinion in Vanegas v. Signet Builders, Inc., the U.S. Court of Appeals for the Seventh Circuit joined a growing number of federal circuits to hold that would-be plaintiffs from out of state cannot join a...more

ArentFox Schiff

Understanding Arbitration and Equitable Estoppel: Lessons From Gonzalez v. Nowhere Beverly Hills LLC

ArentFox Schiff on

Employment arbitration agreements are an important tool for employers who wish to resolve workplace disputes in a more streamline fashion and, more importantly, avoid class and collective actions. However, enforcing...more

Littler

Love May Be Blind, but the NLRB Is Not: Board Argues that Reality TV Show Contestants Are Employees

Littler on

National Labor Relations Board General Counsel (GC) Jennifer Abruzzo issued a complaint on Wednesday, December 11, 2024, stating that contestants on the popular reality show Love is Blind are required to be classified as...more

Seyfarth Shaw LLP

The Facts Matter: Publix Defeats Certification of Off-The-Clock Assistant Manager Claims

Seyfarth Shaw LLP on

Advancing the trend of courts unwilling to rubber stamp the conditional certification of FLSA collective actions, Publix developed an early record of evidence that—when properly scrutinized—warranted the denial of collective...more

Lathrop GPM

Michigan Federal Court Grants Domino’s Motion to Compel Arbitration but Denied Motion to Dismiss Claims and Motion for Sanctions

Lathrop GPM on

A federal court in Michigan recently granted Domino’s motion to compel arbitration of a collective action relating to wage claims but denied Domino’s motion for sanctions and motion to dismiss, instead staying the case...more

Parker Poe Adams & Bernstein LLP

FLSA Requires Pay for Commuting Time to and From Overnight Worksite

The Fair Labor Standards Act contains complex rules for determining whether non-exempt employee travel is compensable working time. In most circumstances, time spent commuting to and from work is not considered FLSA working...more

Jackson Lewis P.C.

Seventh Circuit: Travel Time During Normal Working Hours is Compensable for Employees on Remote Assignment

Jackson Lewis P.C. on

Employees who work away from home overnight on assignments lasting several days or weeks are entitled to compensation under the Fair Labor Standards Act (FLSA) for time spent traveling to such assignments when the travel...more

Ius Laboris

Double discrimination against part-time workers

Ius Laboris on

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

Seyfarth Shaw LLP

The Seventh Circuit Has Entered the Chat. Joining the Fifth and Sixth Circuits before it, the Seventh Circuit Agrees to Review the...

Seyfarth Shaw LLP on

Seyfarth Synopsis: In a welcome turn of events, the Seventh Circuit has taken up the question of what is the appropriate standard for court-authorized notice in collective actions....more

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