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Class Action › Class Certification › Conditional Certification

A class action is a type of legal action where a representative individual or group of individuals can bring a claim on behalf of a larger group or class who share a common legal interest.
Constangy, Brooks, Smith & Prophete, LLP

Sixth Circuit adopts stricter standard for FLSA collective action notices

Constangy, Brooks, Smith & Prophete, LLP on

For years, litigation under the Fair Labor Standards Act has grown exponentially. In 2018 there were 8,824 FLSA lawsuits filed, in contrast with only 3,496 in 2008. A leading factor driving this trend is the near automatic...more

Sherman & Howard L.L.C.

Return to Cents? 6th Circuit Modifies FLSA Conditional Certification Standard

Sherman & Howard L.L.C. on

Good news for at least some employers facing Fair Labor Standards Act (FLSA) collective actions. In Clark v. A&L Home Care and Training Center et al., the 6th Circuit adopted a new standard for collective action conditional...more

Seyfarth Shaw LLP

Eastern District of Virginia Judge Rejects Two-Step Conditional Certification Process for FLSA Collective Actions

Seyfarth Shaw LLP on

Seyfarth Synopsis: In what could become a trend, Judge T.S. Ellis, III recently broke with other courts in the Eastern District of Virginia when he rejected the two-step conditional certification process commonly used in FLSA...more

Fox Rothschild LLP

Judge Signals Change On Certification Decision And Then Case Quickly Settles

Fox Rothschild LLP on

It is fairly easy for a plaintiff to get conditional certification in a FLSA class action case, but that is not the end of the story. The next step, much harder, is fending off the defendant’s anticipated motion to stop the...more

Fox Rothschild LLP

Nationwide FLSA Class Action Fails Because Out-of-State Plaintiffs Are Not Sufficiently Connected To State Where Lawsuit Filed: A...

Fox Rothschild LLP on

Many times, plaintiff lawyers will try to file FLSA class actions as nationwide lawsuits so the size of the class and potential recovery can be magnified geometrically. Well, that just got a little harder to do as a federal...more

Seyfarth Shaw LLP

Keeping it Local: Another Court Denies FLSA Conditional Certification Due to Lack of Personal Jurisdiction

Seyfarth Shaw LLP on

Seyfarth Synopsis: Furthering a recent trend, a judge in the District of Massachusetts denied a motion for conditional certification because there was no personal jurisdiction over non-Massachusetts entities with respect to...more

Fox Rothschild LLP

Joint Employer Angle Gives Interesting Twist To FLSA Truck Driver Collective Action

Fox Rothschild LLP on

The whole trick for a plaintiff (and his lawyers) in a FLSA collective action case is to try to get conditional certification. Once that happens, the stakes automatically escalate for the defendant-employer, often leaving...more

BakerHostetler

Illinois District Court Decertifies Equal Pay Act Collective Class Involving Physicians

BakerHostetler on

Section 16(b) of the Fair Labor Standards Act (FLSA) is the provision that requires those participating in a federal claim for minimum wages or overtime to opt in to the class, making Rule 23 inapplicable. The same...more

BakerHostetler

Missouri District Court Decertifies FLSA Class of IT Workers

BakerHostetler on

We’ve noted before that while conditional certification motions are often granted, such classes fare far less well at the second decertification stage and just as poorly on the eve of trial....more

Carlton Fields

FLSA Conditional Certification Standard Bites Plaintiffs

Carlton Fields on

A district court in the Eastern District of Louisiana refused to conditionally certify a class of employees who accused their employer of intentionally underpaying and reducing hours from time records to avoid paying overtime...more

FordHarrison

FLSA Conditional Certification Denied in NYS for 5,000 Home Care Workers

FordHarrison on

In a case with far reaching implications, Cowell v. Utopia Home Care, Inc., 2:14-cv-00736-LDW-SIL, Magistrate Judge Steven Locke of the Eastern District of New York (covering Brooklyn, Queens and Long island) ruled that...more

BakerHostetler

Ohio District Court Denies Conditional Certification In FLSA Case

BakerHostetler on

We’ve commented before that while most courts apply a fairly lenient standard at the “conditional certification” phase of Fair Labor Standards Act collective action litigation, plaintiffs tend to have a harder time in...more

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