Labor & Employment Law Daily Wrap Up, WAGE-HOUR—CLASS ACTIONS—Other litigation developments, (Dec 11, 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 service representatives, who worked remotely, alleged employer failed to pay for all overtime wages owed for the hours they worked; specifically, that they were not compensated for the startup and login process to get ready for the start of their shifts, logging in from return for lunch breaks, and the logout process; FLSA collective (Cruz v. Connexion Point, LLC, No. 2:24-cv-00966-TC-DBP (D. Utah Nov. 3, 2025)).
Restaurant employee alleged employer operated unlawful tip credit practices and failed to pay lawful overtime compensation, where servers and bartenders were required to engage in non-tip producing activities for more than 20 percent of their time at work and employer failed to properly pay overtime wages when tipped employees worked more than 40 hours per week; FLSA collective (Hallman v. Flagship Restaurant Group, LLC, No. 8:24CV222 (D. Neb. Nov. 7, 2025)).
Customer service representatives, who worked remotely, alleged employees were subject to same quarter of an hour time rounding policy and employer did not pay for time required to boot-up required applications; FLSA collective (Delk v. Automated Health Systems, Inc., No. 2:24-CV-00802-MJH (W.D. Pa. Nov. 10, 2025)).
Delivery drivers for Pizza Hut franchisee were granted motion for Rule 23 class certification of action alleging employer “willfully” failed to pay required minimum wages; Rule 23 class (Brandi-Vanmeter v. MP2 Enterprises, LLC, No. 4:23-cv-00081-DN-PK (D. Utah Nov. 17, 2025)).
Attendants at laundromats alleged employer failed to pay employees for time worked before and after shifts and by not aggregating employees’ hour worked across locations, thereby avoiding paying overtime; FLSA collective (Francisco v. Exclusive Management Solution Group, Inc., No. 24-CV-3928 (AT) (RWL) (S.D.N.Y. Nov. 17, 2025)).
Tipped workers granted approval of FLSA notice in suit alleging employer underpaid them in violation of Act after court found strong likelihood that named plaintiffs and proposed notice group are similarly situated; FLSA collective (Anello v. Rise Brands, Inc., No. 2:25-cv-402 (S.D. Ohio, Nov. 19, 2025)).
Package delivery driver for FedEx granted motion to certify collective action under FLSA alleging employer failed to properly pay overtime wages due to commonly-applicable policies of time-shaving and unpaid off-the-clock work, and performance of work-related tasks during breaks; FLSA collective (Macci v. Federal Express Corp., No. 24-CV-04325 (SJB) (LGD) (E.D.N.Y. Nov. 20, 2025)).
Healthcare workers granted motion for certification of class action alleging employer did not include shift-pick-up bonuses, sign-on bonuses and shift differentials in regular rate of pay for overtime purposes; Rule 23 class (Garcia v. Bluesky Healthcare, Inc., No. 1:23-cv-1617 (N.D. Ohio Nov. 24, 2025)).
Patient care workers alleged employer had company-wide policy of automatically deducting lunch breaks from compensable hours even when they worked during lunch breaks and discouraged employees from recording time worked by not training them on “No Lunch” forms to reverse the automatic deduction; FLSA collective (Stafford v. Eldercare Management Services, Inc. dba Stonebridge Senior Living, No. 4:24-cv-00690-CMS (E.D. Mo. Nov. 24, 2025)).
Medical transportation drivers granted conditional certification of FLSA collective action alleging that employer established a company-wide practice where hours were automatically deducted for meal breaks, regardless of whether employees actually received one, thereby depriving employees of unpaid wages and overtime compensation (Martinez v. Elegante Services, Inc., No. 24-cv-2058 (JPO) (OTW) (S.D.N.Y. Nov. 25, 2025)).
Cases: WageHour ClassActions EmployeeStatus WorkingTime Overtime MinimumWage CoverageLiability StateLawClaims