Wage and Hour, Collective Actions, Appellate Courts

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

Seventh Circuit Decision Rewrites the Rules for Collective Actions

Cozen O'Connor on 8/27/2025

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

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

Robinson Bradshaw on 8/22/2025

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

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

Foley & Lardner LLP on 8/19/2025

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

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

Jackson Lewis P.C. on 8/18/2025

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

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

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

Bradley Arant Boult Cummings LLP on 8/7/2025

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

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

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

Jackson Lewis P.C. on 1/24/2025

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

January 2024 California Employment Law Notes

Proskauer - California Employment Law on 1/26/2024

A Single Incident Of Harassing Conduct May Create A Hostile Work Environment - Beltran v. Hard Rock Hotel Licensing, Inc., 97 Cal. App. 5th 865 (2023) - Stephanie Beltran, a server at the Hard Rock Hotel in Palm...more

First Circuit Issues Opinion Clarifying FLSA’s Administrative Exemption

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/15/2023

On August 14, 2023, the U.S. Court of Appeals for the First Circuit issued a decision—Marcus v. American Contract Bridge League—clarifying and applying the standards for determining whether an employee qualifies for the Fair...more

Littler Lightbulb – March Employment Appellate Roundup

Littler on 3/31/2023

This Littler Lightbulb highlights some of the more significant employment and labor law developments at the U.S. Supreme Court and federal courts of appeal over the last month....more

How Far Does FLSA Retaliation Protection Extend: According To the Third Circuit, A Long Way!

Fox Rothschild LLP on 10/10/2022

Naturally, an employee who is to testify in a FLSA action cannot be retaliated against. Does that protection extend to someone who makes it known that they want to join a collective FLSA action?...more

California Court of Appeal Upholds Construction Industry CBA Exemption from PAGA

Jackson Lewis P.C. on 9/12/2022

The California Court of Appeal for the Second Appellate District upheld the construction industry collective bargaining agreement exemption to the Private Attorneys General Act (PAGA) in Oswald v. Murray Plumbing and Heating...more

You Can’t Put the Trial Cart Before the Certification Horse in FLSA Hybrid Wage-and-Hour Case; Circuit Court Rejects Trial Court’s...

Bradley Arant Boult Cummings LLP on 10/19/2021

When a company faces a Fair Labor Standards Act (FLSA) collective action there are two main components to address: (1)You Can’t Put the Trial Cart Before the Certification Horse in FLSA Hybrid Wage-and-Hour Case; Circuit...more

Fifth Circuit Sets New Framework for Fair Labor Standards Act Certification Analysis

Bracewell LLP on 1/15/2021

Yesterday, the United States Court of Appeals for the Fifth Circuit rejected the commonly used and admittedly lenient Lusardi framework for Fair Labor Standards Act (FLSA) conditional certification and set a new framework for...more

Court Hits “Pause” On Chipotle Order. Will The Supreme Court Change The Recipe?

Constangy, Brooks, Smith & Prophete, LLP on 9/8/2020

Back in April, the U.S. Court of Appeals for the Second Circuit issued an opinion that appears to make it much easier for collective actions under the Fair Labor Standards Act to proceed to trial. Last week, the court hit the...more

Wage and Hour › Collective Actions › Appellate Courts

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