A new framework the Seventh Circuit laid out for certifying collective actions in wage and hour litigation has attorneys for both employers and workers at first blush feeling relieved, as the panel majority put forward a flexible approach that gives lower courts discretion.
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Chicago-based attorney Allison Powers of management-side firm Blank Rome LLP questioned how this middle-of-the-road approach will play out in litigation.
"Is that intermediate standard trying to do too much to please everybody?" she said. "I like that there is now a pathway and a standard in our circuit that applies a more rigorous showing, but what it looks like in practice I think remains to be seen. There's still a lot of wiggle room."
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"7th Circ.'s Collective Cert. Standard Strikes Balance, Attys Say," by Max Kutner was published in Law360 Employment Authority on August 7, 2025.
