Cracker Barrel Old Country Store, Inc. v. Harrington
Linked with Harrington v. Cracker Barrel Old Country Store, Inc. (25-534)
Certiorari Denied
Petition for certiorari denied on February 23, 2026.
Issue
Whether a district court may authorize notice inviting joinder to a Fair Labor Standards Act 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) – and if not, what showing must be made before this notice may be authorized.
Nov 5, 2025Petition for a writ of certiorari filed. (Response due December 8, 2025)Nov 21, 2025Motion to extend the time to file a response from December 8, 2025 to January 7, 2026, submitted to The Clerk.
Nov 24, 2025Motion to extend the time to file a response is granted and the time is extended to and including January 7, 2026.
Dec 8, 2025Brief amicus curiae of Retail Litigation Center, Inc. filed.Jan 7, 2026Brief of respondents Andrew Harrington, et al. in opposition filed.Jan 16, 2026Reply of petitioner Cracker Barrel Old Country Store, Inc. filed. (Distributed)Jan 21, 2026DISTRIBUTED for Conference of 2/20/2026.
Feb 23, 2026Petition DENIED.
Recommended Citation: Cracker Barrel Old Country Store, Inc. v. Harrington, SCOTUSblog, https://www.scotusblog.com/cases/cracker-barrel-old-country-store-inc-v-harrington/