Question Presented (OCR Extract)
Both the Fair Labor Standards Act and the Age Discrimination in Employment Act allow “similarly situated” employees to join an existing lawsuit, but only if th ose employees opt in . 29 U.S.C. §§ 216(b) , 626(b). In Hoffmann -La Roche Inc. v. Sperling , this Court permitted district courts to use their “compulsory process to assist counsel for the plaintiff” in finding employees who have not opted in and notifying them of their opportunity to do so. 493 U.S. 165, 174 (1989) (Scalia, J., dissenting). This Court did not, however, establish a standard for when district courts could or should authorize notice to these other, nonparty employees . Id. at 170 (majority op.). Thirty -six years later, lower courts are still left with “little guidance that one can call law” on the showing plaintiffs must make to obtain court-authorized notice to other employees. Clark v. A&L Homecare & Training Ctr. , 68 F.4th 1003, 1007 (6th Cir. 2023) (Kethledge, J.) . The circuits have filled this gap with four different standards , the latest of which comes from the Seventh Circuit in the decision below. The question s presented are: 1. Whether this Court should overrule Hoffmann La Roche ’s holding that district courts may authorize and facilitate notice to nonparties on behalf of plaintiffs. 2. If this Court does not overrule Hoffmann -La Roche , what standard must plaintiffs satisfy in order for a district court to authorize and facilitate notice to nonparties on behalf of plaintiffs ?
2025-12-23
DISTRIBUTED for Conference of 1/9/2026.
2025-12-22
Reply of petitioners Eli Lilly and Company, et al. filed. (Distributed)
2025-12-22
Reply of Eli Lilly and Company; Lilly USA, LLC submitted.
2025-12-18
Waiver of the 14-day waiting period for the distribution of the petition pursuant to Rule 15.5 filed by petitioners.
2025-12-18
Waiver of Eli Lilly and Company; Lilly USA, LLC of the 14-day waiting period submitted.
2025-12-17
Brief of respondent Monica Richards in opposition filed.
2025-12-17
Brief of Monica Richards in opposition submitted.
2025-11-17
Brief amici curiae of International Franchise Association, et al. filed.
2025-11-17
Brief amicus curiae of Society For Human Resource Management filed.
2025-11-17
Brief amicus curiae of Seyfarth Shaw LLP's Wage and Hour Litigation Practice Group filed.
2025-11-17
Brief amici curiae of Ohio, et al. filed.
2025-11-17
Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
2025-11-17
Brief amici curiae of The Chamber of Commerce of the United States of America, et al. filed.
2025-11-17
Brief amicus curiae of Washington Legal Foundation filed.
2025-11-17
Brief amici curiae of The International Franchise Association, et al. filed.
2025-11-17
Amicus brief of The International Franchise Association and American Hotel & Lodging Association submitted.
2025-11-17
Amicus brief of The Society For Human Resource Management submitted.
2025-11-17
Amicus brief of Seyfarth Shaw LLP's Wage and Hour Litigation Practice Group submitted.
2025-11-17
Amicus brief of Washington Legal Foundation submitted.
2025-11-17
Amicus brief of The Chamber of Commerce of the United States of America and the CHRO Association submitted.
2025-11-17
Amicus brief of State of Ohio, 19 Other States, and the Arizona Legislature submitted.
2025-11-10
Motion to extend the time to file a response is granted and the time is extended to and including December 17, 2025.
2025-11-06
Motion to extend the time to file a response from November 17, 2025 to December 17, 2025, submitted to The Clerk.
2025-11-06
Motion of Monica Richards for an extension of time submitted.
2025-10-15
Petition for a writ of certiorari filed. (Response due November 17, 2025)