5 Wage and Hour Legal Questions as 2025 Winds Down

Here, Law360 explores five wage and hour legal questions that are developing.

[...]

What standard should apply for collective action certification?

Two federal circuit courts in recent months have weighed in on whether the widely used two-step process for collective action certification is the proper standard, and parties in both of those cases have asked the U.S. Supreme Court to review.

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The certiorari petitions that are now pending contain slightly different questions. In one, Eli Lilly and Co. is asking the justices to revisit Hoffmann-La Roche v. Sperling, the 1989 high court decision that gave courts the discretion to give notice to potential plaintiffs.

"Their approach in the Seventh Circuit is to directly attack the Hoffmann-La Roche decision," said Allison Powers of management-side firm Blank Rome LLP. "The Ninth Circuit Harrington defendants are more going straight to asking the question about what standard ought to apply."

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"5 Wage and Hour Legal Questions as 2025 Winds Down," by Max Kutner was published in Law360 Employment Authority on November 26, 2025.