FLSA

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We recently discussed in an article for Law360 the shifting landscape across the country regarding the release of wage and hour claims. On October 16, 2025, in a unanimous decision, the Third Circuit weighed in on the issue, vacated a Pennsylvania district court’s decision denying approval of a class settlement that released claims under the Fair Labor Standards Act (FLSA) and concluded that the FLSA does not prohibit the release of FLSA claims through a Rule 23(b)(3) class settlement.Continue Reading Third Circuit Signals Shift in Requirements for Releaseof FLSA Claims In Class Action Settlements

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On October 30, 2025, the Nevada Supreme Court issued an important decision in Amazon.com Services, LLC v. Malloy when it concluded that Nevada’s wage and hour laws do not incorporate the federal Portal-to-Portal Act of 1947 (PPA). 29 U.S.C. §§ 251–62. This decision adds a layer of complexity to employers’ continued attempts to comply with myriad differences in federal and state wage and hour laws across the country.Continue Reading Nevada Supreme Court Holds That State Wage and Hour Laws Do Not Incorporate the Federal Portal-to-Portal Act

With a nod to discretion and practicality, the Seventh Circuit has become the latest U.S. Court of Appeals to depart from the traditional two-step collective certification process in cases brought under the Fair Labor Standards Act (FLSA) and the Age Discrimination in Employment Act (ADEA). In doing so, the Seventh Circuit set forth the most flexible standard of any federal appellate court for determining whether an action should proceed on a collective basis. Continue Reading Seventh Circuit Departs from Traditional Two-Step Collective Certification Framework in FLSA and ADEA Cases

On July 1, 2025, the U.S. Court of Appeals for the Ninth Circuit joined the majority of federal appellate courts holding that courts must establish personal jurisdiction over the claims of each member of a collective action under the Fair Labor Standards Act (FLSA).Continue Reading Ninth Circuit Weighs In On Circuit Split Involving FLSA Collective Action Jurisdictional Requirements

On April 1, 2025, the U.S. Court of Appeals for the Sixth Circuit issued an important decision in Pickens v. Hamilton-Ryker IT Solutions, LLC regarding what it means to be paid on a “weekly basis” for purposes of the salary-basis test, a key factor in determining whether an employee is properly classified as “exempt” from the Fair Labor Standards Act’s (FLSA) overtime requirements.Continue Reading Sixth Circuit Clarifies Requirements for a Salaried Employee to Be “Paid on a Weekly Basis” Under the FLSA.

In a recent decision, the Colorado Supreme Court reminded employers that state law often differs from federal law when it comes to properly paying employers. One such area involves calculating the regular rate of pay for purposes of determining overtime compensation owed to employees who work more than 40 hours in a workweek.Continue Reading Colorado Requires Holiday Incentive Pay to Be Included in the Regular Rate of Pay

Widening the split among circuit courts, the Third Circuit recently rejected attempts by two out-of-state employees to join an FLSA collective action as opt-in plaintiffs because their claims did not “arise out of or relate to” the defendant’s contacts with the state in which the case is pending.  Continue Reading The Third Circuit Decides “We’re (Not) Nationwide”