News & Analysis as of

Fair Labor Standards Act (FLSA) Rules of Civil Procedure

Ogletree, Deakins, Nash, Smoak & Stewart,...

Sixth Circuit Adopts New Certification Process in FLSA Collective Actions

On May 19, 2023, in Clark v. A&L Home Care and Training Center, LLC., the United States Court of Appeals for the Sixth Circuit rejected the familiar two-step certification procedure in collective actions under the Fair Labor...more

Fox Rothschild LLP

Can Out-Of-State Opt-Ins Join A FLSA Class Action: First Circuit Decision Creates Split In Circuits, Signaling Possible Supreme...

Fox Rothschild LLP on

There has, of late, been a lot of controversy over whether workers who live outside a State where a FLSA class action is being litigated can opt-in to that action. Different Circuits have ruled differently on this crucial...more

Holland & Knight LLP

Fifth Circuit Shakes Up Standard for Certifying FLSA Collective Actions

Holland & Knight LLP on

The U.S. Court of Appeals for the Fifth Circuit issued a potentially landmark decision in Swales v. KLLM Transport Services, L.L.C. on Jan. 12, 2021, rejecting more than 30 years of case law related to conditional...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

E.D.N.Y. Finds Retailer Cannot “Pick-off” FLSA Plaintiffs With Incomplete Rule 68 Offer of Judgment

Anjum v. J.C. Penney Co., Inc., No. 13-CV-0460 (E.D.N.Y. Oct. 9, 2014): The Eastern District of New York held that a group of opt-in plaintiffs could pursue their Fair Labor Standards Act (FLSA) collective action even though...more

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