In an article published in Law360 on July 17, 2026, Brian Markovitz discusses how recent venue rulings in Fair Labor Standards Act (FLSA) collective actions are changing where cases are filed and increasing the administrative burden on courts.
The article examines how workers and their attorneys have reevaluated where to file FLSA collective actions following a Ninth Circuit decision last year in a case against Cracker Barrel addressing which plaintiffs may join FLSA collective actions based on where a case is filed. The decision has prompted attorneys to take a more strategic approach to selecting where to file these cases.
Brian explains that similar wage and hour claims are now being filed in multiple jurisdictions, requiring courts to determine where opt-in plaintiffs are located and creating additional work for the judicial system.
“That’s what the change has been, it’s just created probably more cases for the judicial branch and more work to check,” Brian said.
However, Brian noted that these procedural changes have not necessarily cut down on workers’ abilities to pursue claims of not being paid properly.
Read the article “Venue Is Key For FLSA Suits 1 Year After Cracker Barrel Case.” (PDF)
