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Swales and Clark reshape FLSA collective actions—what it means for Florida employers and how to use targeted discovery before notice.

In United States ex rel. Vanderlan v. Jackson HMA, L.L.C. (Apr. 18, 2025), the court affirmed the district court’s decision to grant the government’s motion to dismiss, citing the statutory authority provided by 31 U.S.C. § 3730(c)(2)(A) and Rule 41(a)(1) of the Federal Rules of Civil Procedure.

The TRO issued by Judge Kennelly is a significant check on the federal government’s recent attempts to impose sweeping restrictions on DEI initiatives through the contracting process. While the immediate relief applies to the DOL, and the broader legal challenges to Executive Orders 14151 and 14173 continue, federal contractors and grantees must remain vigilant.