Labor & Employment Law Daily Wrap Up, WAGE-HOUR—CLASS ACTIONS—Other litigation developments, (Nov 12, 2025)

By WK Editorial Staff

A roundup of court actions granting conditional certification of FLSA collective and Rule 23 class actions of interest to the labor and employment community.

Customer sales representatives/student services representatives alleged the employer failed to pay appropriate minimum wage and overtime rates and failed to pay commissions they were due; FLSA collective (Ortega v. Zoni Language Centers, Inc., No. 24-CV-8223 (DEH) (KHP) (S.D.N.Y. Oct. 14, 2025)).

Loan officers, paid on commission basis, alleged their employer failed to pay minimum wage and overtime and failed to pay all wages free and clear; FLSA collective (Shakoor-Delgado v. Cornerstone First Mortgage, LLC, No. 24-CV-1811 TWR (BLM) (S.D. Cal. Oct. 15, 2025)).

Agricultural workers who were recruited to work on a potato farm, including those admitted to the United States on H-2A visas, alleged employer violated the FLSA by paying employees less than the minimum wage as part of an illegal scheme to procure cheap labor; FLSA collective (Flores v. J & T Harvesting LLC, No. 24-cv-02853-DDD-NRN (D. Colo. Oct. 21, 2025)).

Drivers for a logistic company were granted certification of class claims against their employer alleging violations of Truth in Leasing Act and Illinois Wage Payment and Collections Act and that the employer had a company-wide practice to pay drivers based on an amount that was different than the amount received from a broker; Rule 23 class (Malone v. ASAP Trans Corp., No. 22 CV 3572 (N.D. Ill. Oct. 22, 2025)).

Janitors, who alleged that the employer had a contract with Amazon to provide janitorial services at Amazon facilities, but subcontracted work, alleged the two entities were joint employers, and unlawfully failed to pay them for overtime work; FLSA collective (Barbosa v. Kellermeyer Bergensons Services, LLC, No. 24-5633 (E.D. Pa. Oct. 21, 2025)).

Plant employees alleged their employer’s rounding policy violated the FLSA. The employees also were granted certification of a Rule 23 class alleging the employer’s “auto-deduction” policy violated North Carolina Wage Hour Act; FLSA collective and Rule 23 class (Ayers v. GKN Driveline North America, Inc., Nos. 1:23-CV-581, 1:23-CV-583, and 1:23-CV-585 (M.D.N.C. Oct. 23, 2025)).

Servers at a restaurant alleged that the employer violated requirements regarding payment for overtime work by allegedly manipulating time records by instructing servers to clock out during their shifts; FLSA collective (Hoti v. Patsy’s Italian Restaurant, No. 24-CV-6991 (JGLC) (HJR) (S.D.N.Y. Oct. 27, 2025)).

Delivery drivers for a Domino’s Pizza franchisee alleged the employer’s driver reimbursement policy was below any reasonable approximation of the cost to operate a motor vehicle; FLSA collective (Slendak v. Lead Dog Pizza, Inc., No. 3:24-3988-MGL (D.S.C. Oct 28, 2025)).

Cases: WageHour ClassActions WorkingTime Overtime MinimumWage Exemptions Immigration StateLawClaims