Harrington et al. v. Cracker Barrel Old Country Store, Inc.

Date: July 25, 2025

RLC’s Position: The RLC’s brief supports rehearing en banc and points out the challenges created by a 9th Circuit panel’s acceptance of a “lenient” standard for determining whether retail employees were “similarly situated” for the purposes of certifying a collective FLSA action. The RLC’s brief also discusses the circuit split created by the 9th Circuit’s opinion.

Counsel: Theane Evangelis, Brad Hamburger, Samuel Eckman, Gillian Miller & team at Gibson Dunn drafted the brief.