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 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 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
On July 22, 2021, the U.S. Department of Labor (DOL) published a notice of proposed rulemaking to outline the standards and procedures that it will use to administer President Joe Biden’s Executive Order 14026, which he...more
In Jones v. Johnson, No. 18-2252 (January 9, 2020), the Sixth Circuit Court of Appeals considered the discoverability of comparator information in a case involving an allegation that an employer failed to promote an employee....more
1/20/2020
/ Appeals ,
Department of Homeland Security (DHS) ,
Depositions ,
Discovery ,
Employer Liability Issues ,
Employment Litigation ,
FRCP 26(b)(1) ,
Gender Discrimination ,
Job Promotions ,
Motion for Summary Judgment ,
Proportionality ,
Public Employers ,
Remand ,
Reversal ,
Scope of Discovery Requests ,
Wage and Hour