U.S. Supreme Court

Case Status


Docket Number



Cert. Denied


Questions Presented

Can a collective action under the Fair Labor Standards Act be maintained when the employer's liability turns on a statutory exemption that must be litigated individually based on “all the facts in a particular case” (29 C.F.R. § 541.700(a))?

Case Updates

Cert. petition denied

October 05, 2009

U.S. Chamber urges Supreme Court to clarify “similarily situated” standard for FLSA collective actions

April 29, 2009

NCLC urged the Supreme Court to grant certiorari to clarify when employees’ claims are “similarly situated” so as to qualify for certification as a “collective action” under the FLSA. NCLC argued that there are almost no meaningful standards for district courts to use in determining whether cases can proceed to trial as collective actions, and urged the Supreme Court to reject the Eleventh Circuit’s lax approach to certifying collective actions. NCLC warned that the Eleventh Circuit’s lax approach to determining whether employees are ‘similarly situated,’ if left to stand, would make it all but impossible for businesses to obtain a fair hearing in most FLSA cases.

Case Documents