Fair Labor Standards Act (FLSA), Federal Rules of Civil Procedure, SCOTUS

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

Appeals Court Creates Circuit Split on Whether Bristol-Myers Applies to Collective Actions

Jackson Lewis P.C. on 2/2/2022

In its 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of Cal., the U.S. Supreme Court held that a state court could not exercise specific personal jurisdiction over nonresident plaintiffs’ claims against a...more

Please Pass the Settlement: Second Circuit Widens Split Over Stipulated FLSA Dismissals

Orrick - Employment Law and Litigation on 12/8/2015

A recently filed petition for certiorari asks the U.S. Supreme Court to clarify the procedural requirements for ending private causes of action under the Fair Labor Standards Act (“FLSA”). Specifically, petitioner Dorian...more

Settlement of Wage Claims Under FLSA Must Now be Approved by the Court

Pullman & Comley - Labor, Employment and... on 9/8/2015

A panel of the United States Court of Appeals for the Second Circuit has ruled that parties may not stipulate to dismiss cases brought under the Fair Labor Standards Act without court approval. This ruling may make it more...more

Supreme Court to Decide Class Action Issues Involving Settlement Offers to Named Plaintiffs, Statistical Sampling and Class Member...

Robinson & Cole LLP on 6/17/2015

I’ve been delayed a bit in reporting on this, but the October 2015 term of the U.S. Supreme Court is shaping up to be a blockbuster one for class action law. Perhaps even bigger than the October 2010 term, which brought us...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

To Be Or Not To Be: Mooting Rule 23 Class Actions Through Rule 68 Offers of Judgment

Ogletree, Deakins, Nash, Smoak & Stewart,... on 11/26/2014

The use of Rule 68 offers of judgment to moot the claims of plaintiffs in the Fair Labor Standards Act (FLSA) collective action context has received much attention recently as the courts consider defendants’ use of this...more

Fair Labor Standards Act (FLSA) › Federal Rules of Civil Procedure › Supreme Court of the United States