SCOTUS Won’t Review Opt-In Test in Age Bias, Wage Class Suits

Jan. 12, 2026, 2:41 PM UTC

The US Supreme Court on Monday declined to hear Eli Lilly & Co.'s challenge to the process under which workers alleging age discrimination or federal wage law violations can band together to sue.

The company wanted the justices to overturn their 36-year-old decision permitting judges to facilitate notice to potential members of collective actions under the Fair Labor Standards Act and the Age Discrimination in Employment Act. Lilly, alternatively, urged the top court to clarify what workers must show before FLSA notice can be issued describing a four-way circuit split.

Workers suing can’t pursue FLSA or ADEA claims under ...

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