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The Sixth Circuit has become the second federal appeals court to toughen the standard for plaintiffs seeking court-authorized notice to potential claimants in a collective action under the Fair Labor Standards Act (FLSA). On May 19, 2023, the U.S. Court of Appeals for the Sixth Circuit held in Brooke
On May 19, 2023, in Clark v. A&L Home Care and Training Center, LLC., the U.S. Court of Appeals for the Sixth Circuit rejected the familiar two-step certification procedure in collective actions under the Fair Labor Standards Act (FLSA), instead requiring lead plaintiffs to demonstrate a “strong likelihood” that other
A federal district court located within the jurisdiction of the U.S. Court of Appeals for the Fourth Circuit has adopted the heightened standard for certification of a collective action under the Fair Labor Standards Act (FLSA) established in a 2021 landmark opinion by the U.S. Court of Appeals for the Fifth Circuit. Mathews v. USA Today Sports Media Group, LLC, No. 1:22-cv-1407 (E.D. Va. Apr. 14, 2023).
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 Labor Standards Act (FLSA) collective certification process would lead to irrelevant parties learning of and
The U.S. Supreme Court has declined to settle the circuit split on whether its 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of Cal. applies to collective actions brought under the Fair Labor Standards Act.
In Bristol-Myers, a mass tort action, the justices held that a federal court could not exercise specific
In our latest issue of the Jackson Lewis Class Action Trends Report, we look back at the most significant developments affecting employment class and collective action litigation in 2022. We also look ahead at potential new challenges in store for employers in 2023.
Read the Winter 2023 Class Action Trends Report.
With this
In this issue of the Jackson Lewis Class Action Trends Report, we welcome the New Year and look back at the most significant developments affecting employment class and collective action litigation in 2022. We also look ahead at potential new challenges in store for employers in 2023.
The Cedar Point amusement park in Sandusky, Ohio has been hit with a collective class action complaint from a former employee who alleged the company “indisputably” discriminated against older workers
Amidst a market downturn, mortgage lending company Rocket has been hit with a class action lawsuit for allegedly failing to provide overtime compensation to its bankers. Rocket yielded its position as the largest mortgage lender in 2022 when the Fed increased interest rates, subsequently increasing mortgage rates. In an attempt
Following a ruling made by a federal judge last month,Trucking company, Hub Group Inc., was ordered to pay $7.25 million to a class of California drivers who accused the company of misclassifying them as independent contractors.. In her decision, Judge Mays elaborated that “the risks of continued litigation are
Goldman Sachs paid a former female partner more than $12 million to settle and suppress claims that accused senior executives of creating a hostile work environment for women. Revelations of the settlement were published via Bloomberg, which uncovered the sealed case from nearly two years ago.
A group of workers at several Wendy’s franchise restaurants across central and southern Pennsylvania have sued their employers for manipulating weekly timesheets and underpaying workers against state and federal law. Franchise owners Harrisburg LIV Bacon LLC and Yellow Cab Holdings Pennsylvania LLC were named in the lawsuit for violating
Thousands of Wells Fargo employees are set to receive a settlement of $6.5 million in a class action suit against the bank. Simon vs. Wells Fargo Bank, a case in California federal court, was brought forth in 2019 by Caudley Simon, a former banker. Simon alleged that the bank violated
Since the COVID-19 pandemic began, thousands of pandemic-related lawsuits, including hundreds of putative class or collective actions, have been filed — and the number continues to grow. A large percentage of those lawsuits involve wage and hour claims, centered around issues including, but not limited to, failure to pay for
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