Questions Presented
- Should the Supreme Court overrule Hoffmann-La Roche Inc. v. Sperling, 493 U.S. 165 (1989), which permits district courts to authorize and facilitate notice to nonparties to invite them to opt in to a collective action?
- If Hoffmann-La Roche is not overruled, what evidentiary standard must plaintiffs meet for a district court to authorize and facilitate such notice?
Case Updates
U.S. Chamber files coalition amicus brief urging Supreme Court to grant review and overrule burdensome, judicially created notice procedure for FLSA and ADEA collective actions or otherwise require collective-action plaintiffs to prove at the outset by a preponderance of the evidence that employees receiving notice are similarly situated
November 17, 2025
U.S. Chamber Coalition Amicus Brief
Scott A. Keller and Drew F. Waldbeser of Lehotsky Keller Cohn LLP served as outside counsel.
The Chamber previously filed a coalition amicus brief when this case was in the Seventh Circuit.