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 personal jurisdiction

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 issue

As federal and state safety and health guidelines in response to the COVID-19 pandemic call for extensive use of personal protective equipment (PPE) in the workplace, employers should give their policies on “donning and doffing” a fresh look. Pandemic-related reopening orders issued by state and local governments may include requirements that will require employers to

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 petition for certiorari of a decision by the U.S. Court of Appeals for the Second Circuit

In Weirbach v. Cellular Connection, LLC, a federal district court in Pennsylvania declined to conditionally certify a nationwide collective action under the Fair Labor Standards Act (FLSA) because it found it did not have personal jurisdiction over the claims of employees who lived and worked outside of Pennsylvania.

While district courts are sharply divided

Consistent with the terms of the arbitration agreement at issue, an hourly fuel tech and driver is entitled to arbitrate collective claims alleging that his employer violated the Fair Labor Standards Act (FLSA), the federal appeals court in New Orleans has ruled.  Sun Coast Resources Inc. v. Roy Conrad, No. 19-20058 (5th Cir.

The U.S. Court of Appeals for the Seventh Circuit, in a case of first impression, has developed a required framework for a district court to evaluate a plaintiff’s request that the court authorize notice to putative class members who have entered into arbitration agreements with their employer.

The Seventh Circuit held on January 24, 2020,

The District Court for the Southern District of New York refused to conditionally certify a collective action under the Fair Labor Standards Act (“FLSA”) acknowledging that although the bar for conditional certification of a FLSA collective action is low, “it is not this low.”  Sanchez v. JMP Ventures, LLC, 2014 U.S. Dist. LEXIS 14980

On November 8, 2013, Jackson Lewis held its Employment Class Action Summit: Key Strategies for Defending Class Actions at the Grand Hyatt in New York City.  The purpose of the event was to inform attendees of the significant trends in employment class action litigation and offer key pre- and post-litigation defense strategies.  Experienced Jackson

Plaintiffs seeking to certify a California class of current and former assistant stores managers and other differently titled managers and associates were denied class certification of their state law claims under Rule 23.  Saks, Inc., the operator of high-end retail department stores across the United States, also convinced the district court to grant its preemptive