Labor & Employment Law Daily Wrap Up, WAGE-HOUR—CLASS ACTIONS—Other litigation developments, (May 7, 2026)

By WK Editorial Staff

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

Assembly and installation employee for a fitness equipment distributor alleged that the employer has a policy of paying employees their regular pay rate for all hours worked in excess of 40 hours per week; FLSA collective (Benton v. Commercial Fitness Concepts, LLC, No. 25-CV-0315-CVE-MTS (N.D. Okla. Apr. 3, 2026)).

Caregiver employees were granted approval of a notice of collective action in which it was alleged that their employer failed to pay certain employees the required overtime premium when they worked more than 40 hours in a work week; FLSA collective (Sparks v. TLC House and Residential Services, LLC, No. 1:25-cv-02034-JPH-MJD (S.D. Ind. Apr. 14, 2026)).

Yard driver at a shipping yard alleged that the employer willfully failed to pay drivers at least one-half time their regular rate of pay for hours worked beyond 40 hours in a workweek; FLSA collective (Hale v. K.T.G. USA, Inc., No. 3:25-CV-076-RPC-RP (N.D. Miss. Apr. 2026)).

Restaurant employees were granted a motion for conditional certification of an FLSA collective action and approval of notice against a chain of Peruvian restaurants that operated under a common trade name where 10 employees submitted affidavits attesting to common unlawful practices across six locations; FLSA collective (Lopez v. Pio Pio NYC, Inc., No. 25-CV-3998 (JMF) (S.D.N.Y. Apr. 20, 2026)).

Service technicians for a gas company alleged the employer failed to pay technicians for time spent completing pre- and post-trip inspections of vehicles and for company required safety training completed off-the-clock; FLSA collective (Gahrmann v. Thompsongas, LLC, No. 2:25-cv-651-JES-NPM (M.D. Fla. Apr. 20, 2026)).

Chimney technicians alleged that employees were required to work six days per week and were paid a flat weekly salary and received a non-discretionary bonus, but were not paid overtime for hours worked in excess of 40 hours per workweek; FLSA collective (Ocampo v. Guaranteed Home Improvement LLC, No. CV-24-6980 (SJB) (AYS) (E.D.N.Y. Apr. 22, 2026)).

Recruiters were granted a motion for court-authorized notice of a collective action alleging that the employer misclassified them as administrative employees exempt from the overtime pay requirements of the FLSA; FLSA collective (Montenegro v. Vaco LLC, No. 3:23-cv-01265 (M.D. Tenn. Apr. 30, 2026)).

Cases: WageHour ClassActions WorkingTime Overtime MinimumWage Exemptions