Ruling also touches upon FLSA conditional certification
order
Many wage and hour cases filed today try to name popular targets
and to rely upon tried and true allegations. Unfortunately for
employers, this is at times a successful playbook, particularly
when settlement is the primary goal. That approach, however,
doesn't always work, particularly if the district court
doesn't employ the appropriate rigorous analysis under Rule 23,
as a case decided on New Year's Eve demonstrates. That case
also addresses conditional certification under the Fair Labor
Standards Act (FLSA) and the interplay between Rule 23 standards
and those under FLSA Section 16(b), reflecting or possibly casting
doubt on the ambivalent approach taken by many courts.
