Richards v. Eli Lilly & Company

In an interlocutory appeal, the Seventh Circuit considered the provision of the Fair Labor Standards Act that authorizes similarly situated employees to file a lawsuit against an employer. Specifically at issue in the appeal was the amount of showing required in order for plaintiffs to procure a court-issued notice to potential plaintiffs who might opt to join the collective action. The Seventh Circuit clarified that district courts must consider both parties’ evidence with respect to similarity and may issue notice to potential plaintiffs when the named plaintiffs have raised at least a material factual dispute as to the similarity of potential plaintiffs. (LEE, concurring and HAMILTON, concurring in part and separately concurring in part)