Events2Join

FLSA collective action


Sixth Circuit Adopts New Certification Process in FLSA Collective ...

Class actions are fundamentally different from collective actions under the FLSA because plaintiffs must affirmatively opt in to FLSA collective ...

Chipping Away at Two-Step Conditional Certification in FLSA ...

Under the Lusardi approach, courts conditionally certify a collective action merely upon a minimal showing by plaintiffs that the potential ...

An Overview of the FLSA "Collective Action" - Bricker Graydon

A typical FLSA collective action involves one or more of the following alleged FLSA violations: (1) misclassifying non-exempt employees as exempt.

Three-Way Split Sets Stage for Supreme Court Review of FLSA ...

In a collective action, to be included, an individual (always a current or former employee) must opt into the action. In other words, an ...

Sixth Circuit Establishes Stricter Standard for Granting Notice of ...

Sixth Circuit Establishes Stricter Standard for Granting Notice of FLSA Collective Action ... The Sixth Circuit has become the second federal ...

Recent Developments In Collective Action Certification Under The ...

The Fair Labor Standards Act (FLSA) has long been the primary vehicle through which employees seek to recover alleged unpaid minimum wage ...

Seventh Circuit Joins Third, Sixth, and Eighth Circuits in Limiting ...

... collective action under the Fair Labor Standards Act (FLSA). In a 2–1 decision, the Seventh Circuit held they must, joining the Third, Sixth ...

Guidelines for Counsel's Duty of Inquiry Before Joining an FLSA ...

A collective action is a civil action for damages brought by an “employee on behalf of himself and all similarly situated employees for the employer's alleged ...

Notice of an FLSA Collective Action: Key Considerations and Best ...

A Practice Note discussing the issues counsel should consider when proposing or objecting to the form of notice to potential opt-in plaintiffs in a ...

No More Two-Stepping for Court Certification of FLSA Collective ...

Courts have been dancing away from the two-step process for certification of collective actions under the Fair Labor Standards Act (FLSA), ...

2-Step Certification for FLSA Collective Actions on its Way Out?

If a collective action is conditionally certified, notice of the lawsuit is sent to other current and former employees of the company. These ...

Distinctions Between Rule 23 Class Actions and FLSA Collective ...

Collective actions differ from Rule 23 class actions in a variety of important ways, including the composition of the collective, the application of the ...

Fair Labor Standards Act Collective Action Cases

The parties' joint initial status report in an FLSA collective action case must include: (1) whether the plaintiff wishes to proceed on an expedited basis, and ...

From Leniency to Scrutiny: The New FLSA Certification Landscape

v. Sperling (1989), the Supreme Court allowed courts to send notice of an FLSA collective action to potential opt-in plaintiffs. Courts ...

Solving Fair Labor Standards Act Collective Action Law

10 The FLSA collective action provision has been interpreted by many courts to have procedures and standards that are different than a Rule. 23 class action.11 ...

Another Circuit Rules Bristol-Myers Applies to FLSA Collective ...

The decision adds to the number of jurisdictions where employers may not be subjected to nationwide collective actions of federal wage and hour, equal pay, or ...

Sixth Circuit Raises the Bar on FLSA Collective Actions - Vorys

One of the most important, and often dispositive, disputes in FLSA collective actions is over when and how other employees receive notice of and ...

Defending Wage and Hour Collective Actions Under the FLSA

A Practice Note providing an overview of the key issues employers face in defending wage and hour collective actions under Section 216(b) of the Fair Labor ...

New Standard For Notice In FLSA Collective Actions: Clark v. A&L ...

The Sixth Circuit has announced new standards for collective action lawsuits under the FLSA in Clark v. A&L Homecare and Training Center.

Sixth Circuit Rejects the Traditional Two-Step Conditional ...

Under the FLSA, employees can sue for alleged violations of those requirements on behalf of themselves and other similarly situated employees ( ...