August 22, 2023
Wage and hour practitioners operate in a circuit split where different procedures governing collective actions on behalf of many workers have brought new attention to discovery and equitable tolling as potential flashpoints in litigation, attorneys told Law360.
September 09, 2022
Amid pressure to adopt the Fifth Circuit’s novel approach to wage and hour suits with many plaintiffs, courts around the country are by and large sticking to the long-standing, two-step procedure for certifying collective actions. Here, Law360 reviews three instances when a judge has declined to follow the Fifth Circuit’s single-step process.
May 11, 2022
The Fifth Circuit is reining in workers who mount large-scale suits seeking wages, employment attorneys told Law360. In light of its recent precedents on collective actions, here are three takeaways as it develops the rules for cases covering numerous workers.
January 21, 2022
The Fifth Circuit's decision to reject a two-step process for certifying a collective action under the Fair Labor Standards Act has made a major impact within the circuit's borders and could spread farther, according to interviews and a review of court records at the ruling's first anniversary.
December 20, 2021
The final days of 2021 are a good time to review the year's top wage and hour rulings. From independent contractor classification to procedures for litigating collective actions, here are six court decisions that made an impact.
January 28, 2021
Settlements in Fair Labor Standards Act collective actions are likely to be a lot smaller and cover fewer workers following a recent Fifth Circuit ruling that reshaped the test for certifying representative actions, wage and hour attorneys told Law360.
January 12, 2021
The Fifth Circuit on Tuesday announced a new Fair Labor Standards Act certification framework that requires courts to "rigorously scrutinize" similarities among plaintiffs from the outset of a collective action, as it reversed a lower court's conditional certification of truck drivers seeking unpaid wages from a transportation company.