Wage and Hour, Federal Rules of Civil Procedure, Collective Actions

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

Sixth Circuit Asked to Resolve District Court Split on Ohio Class and Collective Action Rules

Ogletree, Deakins, Nash, Smoak & Stewart,... on 1/12/2024

On January 3, 2024, the defendant in Heppard v. Dunham’s Athleisure Corporation filed an interlocutory appeal to the U.S. Court of Appeals for the Sixth Circuit, arguing that the U.S. District Court for the Eastern District...more

Supreme Court Declines to Resolve Circuit Split on Exercise of Personal Jurisdiction in FLSA Collective Actions

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/15/2022

On June 6, 2022, the Supreme Court of the United States declined to hear petitions seeking review of whether federal courts may exercise personal jurisdiction over claims of nonresident plaintiffs who join Fair Labor...more

Federal Appeals Courts Add to Employers’ Confusion by Disagreeing on Whether to Dismiss Out-of-State Plaintiffs in FLSA Collective...

Fisher Phillips on 2/10/2022

Over the past several years, many federal courts have weighed in on whether a key Supreme Court decision requires them to dismiss non-resident opt-in plaintiffs in federal wage and hour collective actions, and there is now...more

Second Circuit Court of Appeals Adopts “Primary Beneficiary Test” and Provides Guidance on the Unpaid Intern Question

Sheppard Mullin Richter & Hampton LLP on 7/28/2015

On July 2, 2015, the Second Circuit Court of Appeals issued significant pro-employer decisions in Glatt v. Fox Searchlight Pictures (Nos. 13-4478-cv, 13-4481-cv) (“Fox”) and Wang v. Hearst Corp. (No. 13-4480-cv) (“Hearst”)...more

Supreme Court Agrees to Hear Case Addressing Scope of Wage and Hour Class and Collective Actions

BakerHostetler on 6/11/2015

It’s hard enough to predict what the Supreme Court will do on a given case even after it has been briefed and oral argument has been heard. It’s even harder when all we have is the decision accepting certiorari, but this one...more