January 02, 2023
In 2023, cases making their way through the judicial pipeline are poised to leave a mark on wage and hour law. From Fair Labor Standards Act suits covering numerous workers to the U.S. Department of Labor's power to define overtime exemptions, here are five cases to watch.
December 07, 2022
A panel of Sixth Circuit judges on Wednesday pondered whether to become the second federal appeals court to disapprove the common two-step procedure district courts use for certifying Fair Labor Standards Act collectives in suits covering multiple workers.
November 23, 2022
In the next couple of months, federal appeals courts will hear cases questioning the U.S. Department of Labor's rulemaking powers and whether the U.S. Supreme Court's recent antitrust ruling for college athletes opens the door for them to pursue employee wages. Here, Law360 previews five oral arguments to keep an eye on.
July 13, 2022
The Sixth Circuit shouldn't switch to a one-step method to certify collectives for Fair Labor Standards Act claims, the U.S. Department of Labor said, arguing that a U.S. Supreme Court precedent gives district courts discretion to follow a two-step process instead.
July 11, 2022
The U.S. Department of Labor is using its legal firepower to push for worker-friendly interpretations of the Fair Labor Standards Act. Here, Law360 reviews six cases where the DOL is getting involved with amicus briefs.
June 29, 2022
The National Employment Lawyers Association urged the Sixth Circuit on Wednesday to knock down an appeal to abandon the two-step test used to certify two collective actions of aides under the Fair Labor Standards Act, arguing that doing so would upend a practice upheld by virtually all circuits.
June 24, 2022
The U.S. Department of Labor is planning to support a group of home health aides in their bid in the Sixth Circuit to keep a two-step process to grant collective certification for Fair Labor Standards Act claims instead of switching to a one-step method.
June 22, 2022
The Sixth Circuit should keep using a two-step process to grant collective certification for Fair Labor Standards Act claims, a group of aides argued in a suit alleging that an at-home care provider miscalculated their overtime, saying another appellate court's one-step method would drastically limit who can join collectives.
May 13, 2022
The current standard for collective certification hurts business, the U.S. Chamber of Commerce and another business group told the Sixth Circuit, backing an at-home care provider's bid to overturn a decision granting collective certification to aides who claimed overtime miscalculations.
May 06, 2022
An Ohio federal court used the wrong two-step certification to approve two collectives of aides who claimed a home health care provider failed to properly pay them overtime, the company told the Sixth Circuit, arguing that a Fifth Circuit standard was more appropriate.