ARTICLE · 18 FEBRUARY 2022

Potential Sea Change In Sixth Circuit's Certification Of FLSA Collective Actions

Squire Patton Boggs LLP

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A Fair Labor Standards Act ("FLSA") case is working its way through the Sixth Circuit and could have serious ramifications for plaintiff-side employment law practitioners in the Sixth Circuit.

United StatesLitigation, Mediation & Arbitration

Alon Farahan

A Fair Labor Standards Act ("FLSA") case is working its way through the Sixth Circuit and could have serious ramifications for plaintiff-side employment law practitioners in the Sixth Circuit. In this post, we discuss the potential sea change a decision in In re: A&L Home Care and Training Center, et al. could effect in the Sixth Circuit's jurisprudence on certification of collectives in the FLSA context.

Lusardi v. Xerox Corp., 118 F.R.D. 351 (D.N.J. 1987) set out the ubiquitous two-step process for certifying collectives under FLSA: a conditional certification stage and a final certification stage. It is this standard that Defendants asked a motions panel of the Sixth Circuit to consider in deciding whether to grant interlocutory review of the District Court's decision.

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