No, that isn't a typo – it was the Ninth
Circuit.
Those familiar with collective action litigation are already
familiar with the two-step paradigm most courts use to evaluate
collective action claims. In the first stage, commonly misnamed
"conditional certification," the court determines whether
to authorize notice to the putative class. In doing so, most courts
apply a modest burden of proof to show that the proposed class
members are "similarly situated" under Section 16(b) of
the act. Most motions are granted at this stage. Following a period
of opt-in and additional discovery, the defendant may file a motion
(also commonly misnamed) for decertification. Most such motions are
granted either then or on the eve of trial.
