Wage and Hour, Federal Rules of Civil Procedure, Employment Litigation

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

U.S. Supreme Court Clarifies Lower Burden for Employer to Prove FLSA Overtime Exemption

Tucker Arensberg, P.C. on 1/30/2025

The Supreme Court recently clarified that an employer seeking to prove an exemption from overtime requirements under the Fair Labor Standards Act (“FLSA”) must meet the “preponderance of the evidence” standard, and not the...more

The Fourth Circuit Disavows Generalized, Overinclusive, and Overly Broad Classes and Class Definitions

Nelson Mullins Riley & Scarborough LLP on 1/17/2025

On December 17, 2024, the United States Court of Appeals for the Fourth Circuit handed down its published opinion in Stafford v. Bojangles’ Restaurants, Inc., 2024 WL 5131108 (4th Cir. 2024). In a rare move, the Fourth...more

Issues Classes Under Rule 23(c)(4): Seventh Circuit Focuses on Superiority

Robinson+Cole Class Actions Insider on 10/7/2024

Plaintiffs sometimes seek to certify an “issues class” under Federal Rule of Civil Procedure 23(c)(4) (or an equivalent state court rule) if they anticipate difficulty certifying the entire case for class treatment, but...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

Dead End for Class Certification? Ninth Circuit Provides Roadmap for Defending Independent Contractor Misclassification Class...

BakerHostetler on 7/11/2022

For businesses using independent contractor vendors, misclassification claims are usually well-suited for class certification. A plaintiff’s path toward certifying a class can be relatively smooth when all vendors of a...more

Turning the Other Cheek(s): Second Circuit Mandates Court Review of Dismissal of FLSA Case Without Prejudice

Bradley Arant Boult Cummings LLP on 2/15/2022

What is the right way to dismiss a case the parties have settled, and are FLSA cases different? Typically, when parties to a lawsuit settle a case, they merely alert the court of the settlement and then file a stipulation of...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

Wage and Hour › Federal Rules of Civil Procedure › Employment Litigation

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

U.S. Supreme Court Clarifies Lower Burden for Employer to Prove FLSA Overtime Exemption

The Fourth Circuit Disavows Generalized, Overinclusive, and Overly Broad Classes and Class Definitions

Issues Classes Under Rule 23(c)(4): Seventh Circuit Focuses on Superiority

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

Dead End for Class Certification? Ninth Circuit Provides Roadmap for Defending Independent Contractor Misclassification Class...

Turning the Other Cheek(s): Second Circuit Mandates Court Review of Dismissal of FLSA Case Without Prejudice

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

Judicial Approval Not Required for Offers of Judgment in FLSA Cases

2nd Circuit Decision Paves the Way for Streamlined FLSA Offers of Judgment

FLSA Claims May Be Settled In Federal Court by Offer And Judgment Without Court Review Or Approval

Wage and Hour › Federal Rules of Civil Procedure › Employment Litigation

"My best business intelligence, in one easy email…"