Collective Actions

Subscribe to Collective Actions

By: Jennifer A. Riley, Andrew Scroggins, and Tyler Zmick

Seyfarth Synopsis: As we previously reported, employers generally have found success when the United States Supreme Court takes up questions about the arbitrability of workplace disputes. The unanimous decision in Southwest Airlines Co. v. Saxon bucks that trend, holding that those who load cargo onto airplanes engaged in interstate…
Continue Reading Supreme Court Ruling Ramps Up Opportunities For Certain Workers To Challenge Arbitration Agreements Under Federal Law

By: Alison Silveira and Barry Miller

Massachusetts Supreme Judicial Court - WikipediaSeyfarth Synopsis: The Massachusetts Supreme Judicial Court answered longstanding questions about which entities may be jointly responsible for wage violations under Massachusetts law, and in so doing, highlighted the perils for employees of joining a federal collective action and failing to assert any related state law claims in that proceeding.  The Court aligned the …
Continue Reading Massachusetts High Court Aligns State Joint Employment Claims with Federal Standard, and Provides Guidance on Claim Preclusion for FLSA Collective Action Opt-Ins

By Patrick Bannon and Michael Steinberg

Seyfarth Synopsis: An appellate court has ruled that a district court should not authorize notice of an FLSA suit to employees who are ineligible to join the suit because they agreed to resolve disputes exclusively through arbitration. And, the court recognized that sending FLSA notice too broadly can pose “dangers” of unfair harm …
Continue Reading Invitations (To Join FLSA Collective Actions) Have Consequences: Seventh Circuit Rules That FLSA Opt-In Notice Should Not Be Sent To Employees With Valid Arbitration Agreements

By: Ariel D. Fenster & Rashal G. Baz

Seyfarth Synopsis: In a first impression case, the Eleventh Circuit held that an “opt-in” plaintiff is only required to file a written consent to become a party-plaintiff in a collective action under the FLSA, and that the lack of conditional certification does not affect that status. 

At or within a few weeks…
Continue Reading Party On! The 11th Circuit Holds Filing a Written Consent is Enough For Opt-in Plaintiffs To Achieve Party Status