Wage and Hour, Discovery, Class Certification

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

From Leniency to Scrutiny: The New FLSA Certification Landscape

Seyfarth Shaw LLP on 8/29/2024

Seyfarth Synopsis: As reported by Seyfarth, the Fifth Circuit’s January 2021 decision in Swales v. KLLM Transport Services, LLC and the Sixth Circuit’s May 2023 decision in Clark v. A&L Homecare and Training Center, et al....more

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

Seyfarth Shaw LLP on 4/26/2023

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

Impact of the Fifth Circuit’s Swales Decision on the FLSA Collective Action Certification Process

Jackson Walker on 11/15/2021

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

Even a Worldwide Pandemic Is No Excuse For Blowing A Class Certification Deadline!

Proskauer - California Employment Law on 7/28/2020

For years, federal courts in California have been inundated with wage and hour class actions. Because these cases often clogged district court dockets for months (and, sometimes, even years) on end, the Central District of...more

Calif. High Court OKs Discovery of Employee Contact Info Based on Filing of PAGA Suit

McGuireWoods LLP on 7/17/2017

On July 13, 2017, the California Supreme Court handed down a decision in a long-running dispute in wage and hour litigation regarding whether employers must disclose employees’ names and contact information. In its first...more

Litigating California Wage & Hour and Labor Code Class Actions

Seyfarth Shaw LLP on 9/11/2015

We are excited to announce the 15th edition of Seyfarth Shaw’s publication Litigating California Wage & Hour and Labor Code Class Actions. As in previous editions, the publication discusses and analyzes the most commonly...more

California Supreme Court May Limit The Scope Of PAGA Plaintiffs’ Access to Statewide Discovery

Orrick - Employment Law and Litigation on 9/10/2015

The California Supreme Court is poised to clarify what limits may apply to burdensome discovery demands in litigation under California’s Labor Code Private Attorneys General Act of 2004 (“PAGA”), which allows employees to...more

California Employment Law Notes - July 2015

Proskauer - California Employment Law on 7/17/2015

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

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