On December 23, 2024, the U.S. Court of Appeals for the Sixth Circuit ruled in Su v. KDE Equine, LLC that whether an employer willfully violated the Fair Labor Standards Act (FLSA) is a fact question best left to the jury. ...more
1/17/2025
/ Appeals ,
Compliance ,
Department of Labor (DOL) ,
Employment Litigation ,
Enforcement Actions ,
Fair Labor Standards Act (FLSA) ,
Jury Trial ,
Statute of Limitations ,
Statutory Violations ,
Summary Judgment ,
Unpaid Overtime ,
Wage and Hour ,
Willful Violations
On August 16, 2024, the Seventh Circuit Court of Appeals weighed in on whether out-of-state plaintiffs must satisfy personal jurisdiction requirements to participate in a collective action under the Fair Labor Standards Act...more
9/3/2024
/ Bristol-Myers Squibb ,
Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Class Action ,
Class Certification ,
Collective Actions ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Fifth Amendment ,
Fourteenth Amendment ,
Jurisdiction ,
Opt-In ,
Out-of-State Employees ,
Personal Jurisdiction ,
Putative Class Actions ,
Split of Authority ,
Wage and Hour
In Gilstrap v. Sushinati LLC, the U.S. District Court for the Southern District of Ohio rejected the notion that the parties’ private agreement to settle claims under the Fair Labor Standards Act (FLSA) required court...more
In Walters v. Professional Labor Group, LLC, the U.S. Court of Appeals for the Seventh Circuit will decide whether employee travel time to and from remote jobsites that requires an overnight stay is compensable....more
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
1/12/2024
/ Class Action ,
Collective Actions ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Federal Rules of Civil Procedure ,
FRCP 23 ,
Interlocutory Appeals ,
Opt-In ,
Opt-Outs ,
Putative Class Actions ,
Split of Authority ,
State Labor Laws ,
Unpaid Overtime ,
Unpaid Wages ,
Wage and Hour
On May 19, 2023, in Clark v. A&L Home Care and Training Center, LLC., the United States Court of Appeals for the Sixth Circuit rejected the familiar two-step certification procedure in collective actions under the Fair Labor...more
On April 14, 2023, the United States District Court for the Eastern District of Virginia (Ellis, J.) declined to conditionally certify a collective of USA Today sports website editors, ruling that the familiar two-step Fair...more
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
6/15/2022
/ Bristol-Myers Squibb ,
Collective Actions ,
Fair Labor Standards Act (FLSA) ,
Federal Rules of Civil Procedure ,
Forum State ,
Fourteenth Amendment ,
Mass Tort Litigation ,
Multistate Employers ,
Non-Residents ,
Personal Jurisdiction ,
Petition for Writ of Certiorari ,
Split of Authority ,
State Law Claims ,
Wage and Hour
On August 17, 2021, the Sixth Circuit Court of Appeals became the first federal appellate court to expressly rule on the application of the Supreme Court of the United States’ decision in Bristol-Myers Squibb Co. v. Superior...more
8/26/2021
/ Appeals ,
Bristol-Myers Squibb ,
Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Collective Actions ,
Corporate Counsel ,
Due Process ,
Employment Litigation ,
Fair Labor Standards Act (FLSA) ,
Forum State ,
Fourteenth Amendment ,
Jurisdiction ,
Opt-In ,
Personal Jurisdiction ,
Wage and Hour
In Viet v. Copier Victor, Inc., No. 18-6191 (March 10, 2020), the U.S. Court of Appeals for the Sixth Circuit affirmed summary judgment for Copier Victor and its founder, Victor Le, on an employee’s overtime claims under the...more
In Popeck v. Rawlings Company, LLC, No. 19-5092 (October 16, 2019), the U.S. Court of Appeals for the Sixth Circuit affirmed summary judgment for the Rawlings Company on Popeck’s claims under the Americans with Disabilities...more