Fair Labor Standards Act (FLSA) litigation presents a significant risk to companies of all sizes as the pace of these actions continues unabated into 2024. To assist with understanding trends in this realm, Duane Morris LLP has released the Duane Morris Wage & Hour Class And Collective Action Review – 2025, an annual publication that analyzes the key wage-and-hour rulings, settlements, and litigation developments in 2024 and the significant trends that are apt to impact these types of class actions in 2025.
ISBN Number: 978-1-964020-08-2 | 2 |
© Duane Morris LLP 2025. All rights reserved. | 2 |
DISCLAIMER | 2 |
CITATION FORMATS | 3 |
NOTE FROM THE EDITOR | 4 |
GLOSSARY AND KEY U.S. SUPREME COURT DECISIONS | 5 |
Wage & Hour Class And Collective Actions | 8 |
I. Executive Summary | 8 |
II. Key Rulings In Wage & Hour Class And Collective Actions In 2024 | 11 |
III. Significant Rulings By The Supreme Court And Fifth Circuit Threaten To Upend Long-Standing FLSA Regulations | 11 |
1. Some Progress Amongst General Reluctance To Adopt The Swales Or Clark Standards | 12 |
2. Rulings Granting Conditional Certification Motions, Even With Minimal Supporting Evidence | 13 |
3. Rulings Denying Or Substantially Limiting Conditional Certification Based On Insufficient Proof | 20 |
4. Rulings Denying Conditional Certification Based On Procedural Or Technical Arguments | 28 |
5. Rulings Decertifying Collective Actions Or Denying Rule 23 Class Certification | 31 |
6. Rulings Denying Decertification Or Granting Rule 23 Class Certification | 36 |
7. Other Rulings In Class And Collective Actions | 41 |
IV. Top FLSA / Wage & Hour Class And Collective Settlements In 2024 | 43 |
Index Of 2024 Wage & Hour Class And Collective Action Rulings | 45 |
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