No. 25-559
Cracker Barrel Old Country Store, Inc. v. Andrew Harrington, et al.
Amici (1)
Tags: circuit-split collective-action fair-labor-standards-act joinder notice-authorization similarly-situated
Key Terms:
Arbitration ERISA DueProcess FifthAmendment WageAndHour Privacy ClassAction JusticiabilityDoctri
Arbitration ERISA DueProcess FifthAmendment WageAndHour Privacy ClassAction JusticiabilityDoctri
Latest Conference:
2026-02-20
Related Cases:
25-534
(Vide)
Question Presented (from Petition)
Whether a district court may authorize notice
inviting joinder to an FLSA collective action
before a plaintiff shows by a preponderance of
the evidence that the members of the collective
receiving notice are "similarly situated" to the
named plaintiff within the meaning of 29 U.S.C.
§ 216(b)? If not, what showing must be made
before this notice may be authorized?
Question Presented (AI Summary)
Whether a district court may authorize notice inviting joinder to an FLSA collective action before a plaintiff shows by a preponderance of the evidence that the members of the collective receiving notice are 'similarly situated' to the named plaintiff within the meaning of 29 U.S.C. § 216(b)
Docket Entries
2026-01-21
DISTRIBUTED for Conference of 2/20/2026.
2026-01-16
Reply of Cracker Barrel Old Country Store, Inc. submitted.
2026-01-16
Reply of petitioner Cracker Barrel Old Country Store, Inc. filed. (Distributed)
2026-01-07
Brief of Andrew Harrington, et al. in opposition submitted.
2026-01-07
Brief of respondents Andrew Harrington, et al. in opposition filed.
2025-12-08
Amicus brief of The Retail Litigation Center, Inc. submitted.
2025-12-08
Brief amicus curiae of Retail Litigation Center, Inc. filed.
2025-11-24
Motion to extend the time to file a response is granted and the time is extended to and including January 7, 2026.
2025-11-21
Motion of Andrew Harrington, et al. for an extension of time submitted.
2025-11-21
Motion to extend the time to file a response from December 8, 2025 to January 7, 2026, submitted to The Clerk.
2025-11-05
Petition for a writ of certiorari filed. (Response due December 8, 2025)
Attorneys
Andrew Harrington, et al.
Nicolas Anthony Sansone — Public Citizen Litigation Group, Respondent
Cracker Barrel Old Country Store, Inc.
Steven B. Katz — Constangy, Brooks, Smith & Prophete LLP, Petitioner
The Retail Litigation Center, Inc.