News & Analysis as of June 1, 2025

Collective Actions

+ Follow

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Supreme Court unanimously rejects heightened burden for employer to prove overtime exemption under FLSA

Constangy, Brooks, Smith & Prophete, LLP on 1/24/2025

In overtime litigation under the Fair Labor Standards Act, the employer has the burden of proving that an employee is exempt. However, the degree of proof required was not decided until the Supreme Court spoke last week....more

Seventh Circuit Stands Firm on Bristol-Myers Application: Employee Forum Shopping on Collective Actions Gets Harder

Jackson Lewis P.C. on 1/24/2025

In its 2024 opinion in Vanegas v. Signet Builders, Inc., the U.S. Court of Appeals for the Seventh Circuit joined a growing number of federal circuits to hold that would-be plaintiffs from out of state cannot join a...more

Sixth Circuit Announces Stricter Standard for Sending Notice in FLSA Collective Actions

Dickinson Wright on 6/5/2023

A recent court opinion from the Sixth Circuit Court of Appeals clarified an important point of law concerning the Fair Labor Standards Act (“FLSA”), specifically what “showing … is necessary for a district court to facilitate...more

Littler Lightbulb – March Employment Appellate Roundup

Littler on 3/31/2023

This Littler Lightbulb highlights some of the more significant employment and labor law developments at the U.S. Supreme Court and federal courts of appeal over the last month....more

Personal Jurisdiction of Opt-In Plaintiffs Under the FLSA: Will the Supreme Court Resolve the Circuit Split this Summer?

Nelson Mullins Riley & Scarborough LLP on 3/6/2023

Following the U.S. Supreme Court’s landmark opinion in Bristol-Myers Squibb Co. v. Superior Court of California, 137 S. Ct. 1773 (2017), a question arising under the Fair Labor Standards Act (FLSA) collective actions is...more

Fifth Circuit Sets New Framework for Fair Labor Standards Act Certification Analysis

Bracewell LLP on 1/15/2021

Yesterday, the United States Court of Appeals for the Fifth Circuit rejected the commonly used and admittedly lenient Lusardi framework for Fair Labor Standards Act (FLSA) conditional certification and set a new framework for...more

The Meaning Of “Similarly Situated” Is Teed Up For SCOTUS

Jackson Lewis P.C. on 9/15/2020

The U.S. Supreme Court has been asked to fill a gaping hole in our Fair Labor Standards Act (FLSA) jurisprudence: What, precisely, is meant by “similarly situated,” as set forth in 29 U.S.C. 216(b)? The request comes in a...more

Court Hits “Pause” On Chipotle Order. Will The Supreme Court Change The Recipe?

Constangy, Brooks, Smith & Prophete, LLP on 9/8/2020

Back in April, the U.S. Court of Appeals for the Second Circuit issued an opinion that appears to make it much easier for collective actions under the Fair Labor Standards Act to proceed to trial. Last week, the court hit the...more

NLRB Issues “Epic” Decision Concerning the Intersection of Mandatory Arbitration Agreements and NLRA Section 7 Rights

Proskauer - Labor Relations Update on 8/16/2019

On August 14, 2019, the NLRB issued its first decision addressing employer conduct related to mandatory arbitration agreements and Section 7 activity since the Supreme Court decided Epic Systems Corp v. Lewis, 584 U.S. __,...more

Supreme Court Okays Class Action Waivers in Employee Arbitration Agreements

Jackson Walker on 5/24/2018

May a company ask its employees to enter into agreements to arbitrate disputes and that also waive an employee’s ability to bring a class or collective action on behalf of other present or former employees? On May 21, 2018,...more

SCOTUS Ruling has Far-Reaching Effects on Employment Litigation and Class Action

Epiq on 5/24/2018

On Monday, May 21, the Supreme Court, in a 5-4 decision, ruled that companies can use arbitration clauses in employment contracts to prohibit workers from banding together to bring class action suits over workplace issues....more

SCOTUS: Employers Can Compel Individual Arbitration of Wage and Hour Claims

Proskauer - Law and the Workplace on 5/22/2018

In its eagerly-awaited opinion in Epic Systems Corp. v. Lewis, the U.S. Supreme Court held on May 21 that class action waivers in arbitration agreements between employers and employees do not violate the National Labor...more

WPI Wage Watch: Minimum Wage & Overtime Updates (April Edition)

Littler on 5/1/2018

It may not have been showering minimum wage, tip, and overtime developments in April, but there was a sprinkling at the federal, state, and local levels. ...more

Web Exclusive: January 2018: The Top 18 Labor And Employment Law Stories

Fisher Phillips on 2/8/2018

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there were an unprecedented number of changes each month in 2017—and if January is any...more

No Good Deed Goes Unpunished – The Supreme Court May Decide Whether Payments for Meal Breaks Can Offset Alleged Off-The-Clock Work

Seyfarth Shaw LLP on 6/7/2017

Pending before the United States Supreme Court is a petition for writ of certiorari asking the Court to determine whether an employer may use payments for bona fide meal periods as an offset/credit against compensable work...more

The Ninth Circuit Goes All In. Will the Supreme Court Call?

Seyfarth Shaw LLP on 5/31/2017

Seyfarth Synopsis: Recently the Ninth Circuit doubled down on its decision that service advisers at car dealerships are not exempt from the FLSA, despite being overturned once by the U.S. Supreme Court....more

Supreme Court to Hear Class-Action Waiver Arguments in its October 2017 Term

Seyfarth Shaw LLP on 2/10/2017

As our regular readers already know, the Supreme Court is poised to decide one of the most contentious issues facing the wage-and-hour world—namely, whether class- and collective-action waivers render workplace arbitration...more

Supreme Court Says Averages May be Used to Establish Classwide Liability

Parker Poe Adams & Bernstein LLP on 3/28/2016

In its 2011 Dukes decision, the U.S. Supreme Court limited the circumstances under which groups of employees can maintain class action claims relating to their employment. In that case, the Court concluded that Wal-Mart...more

United States Supreme Court Hears Argument in Tyson Foods' FLSA Collective Action

Faegre Drinker Biddle & Reath LLP on 12/1/2015

On November 10, 2015, the United States Supreme Court heard argument in Tyson Foods v. Bouphakeo, a case that has the potential to reshape the contours of when employees may bring class claims against their employer. Tyson is...more

ELL SCOTUS Series # 3 – Tyson Foods Inc. v. Bouaphakeo

Seyfarth Shaw LLP on 11/4/2015

In our third installment of articles looking at the employment law cases being heard by the US Supreme Court this fall term, Tyson Foods Inc. v. Bouaphakeo will have importance in both the wage & hour and class action...more

The Supreme Court Preview, Part I: The Court To Overhaul Class Actions?

Foley & Lardner LLP on 10/20/2015

A fresh Supreme Court term has kicked off, with a new slate of cases awaiting the Court’s decision. Among these cases are several that the automotive industry should keep an eye on, as they impact the law in ways that will...more

Financial Services Industry: Be Aware of Proposed White Collar Overtime Regulations

Baker Donelson on 9/28/2015

The financial services area received a defeat earlier this year when the United States Supreme Court in March upheld the Department of Labor's (DOL) Administrative Interpretation concluding that mortgage loan officers do not...more

Eleventh Circuit Rejects DOL Test in Internship Collective Action

BakerHostetler on 9/25/2015

It is almost an axiom that the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq., passed in 1938, is out of date. Despite modest tweaks since the time it was enacted, a particularly dark time in the Great Depression, it is...more

Arbitration policies for wage and hour claims

McAfee & Taft on 8/6/2015

As the number of Fair Labor Standards Act lawsuits has grown, employers have started taking notice of the power a sizable class made up of numerous employees can command. Arbitration provisions – once the realm of...more

Supreme Court Will Address Use Of Statistical Sampling and Whether A Class Can Be Certified If It Contains Members Who Are Not...

Goodwin on 6/19/2015

Last week, the United States Supreme Court granted cert in Bouaphakeo v. Tyson Foods, Inc., a Fair Labor Standards Act (“FLSA”) case with potentially wide reaching implications in federal class actions. In Bouaphakeo,...more

32 Results

View per page

Page: of 2

Supreme Court of the United States › Wage and Hour › Collective Actions

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