July 16, 2025
Cracker Barrel servers urged the full Ninth Circuit to reconsider a panel's decision limiting the collective in their wage suit to workers from Arizona, where the case originated, while the company separately requested a rehearing on the grounds that the first step of the collective certification process is improper.
July 10, 2025
The fate of the long-standing but recently threatened two-step process for wage and hour collective certification is uncertain after one federal appeals court departed from two others by keeping the analysis intact, while another is expected to decide on the issue soon. Here, Law360 explores the issue.
July 02, 2025
A nationwide collective of Cracker Barrel servers in a wage and hour case is too vast, the Ninth Circuit ruled, saying members who worked for the restaurant chain outside Arizona, where the suit was launched, should not have been permitted to join.
February 07, 2025
A Ninth Circuit judge was skeptical Friday of Cracker Barrel's bid to upend an order granting servers collective status based on the U.S. Supreme Court's recent ruling that Fair Labor Standards Act exemptions don't warrant heightened evidence standards, telling counsel the justices' conclusion "doesn't seem like a tight fit" for this case.
January 17, 2025
Cracker Barrel urged the Ninth Circuit to upend an order granting servers collective status, arguing the U.S. Supreme Court's recent ruling that the Fair Labor Standards Act's exemptions do not call for heightened evidence standards shows the two-step process for certifying a collective should be thrown out.
January 01, 2025
In 2025, courts will evaluate foundational wage and hour issues, such as opt-in principles for Fair Labor Standards Act collective actions and whether amateur college athletes should be employees. Here, Law360 explores five cases to watch in 2025.
October 04, 2024
Cracker Barrel said that limiting the reach of collective actions and not using a two-step process to certify them would not undermine the Fair Labor Standards Act's purpose, pressing the Ninth Circuit to flip a lower court's ruling granting collective certification to a suit by servers alleging tip credit violations.
September 05, 2024
Collective suits can reach workers whose wage claims arise out of a different state from where the matter originated, an attorney group told the Ninth Circuit, backing workers' efforts to keep their tip suit collective against Cracker Barrel in one piece.