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ARTICLE · 30 MAY 2023

Sixth Circuit Adopts New Certification Process In FLSA Collective Actions

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

United StatesLitigation, Mediation & Arbitration
Chris R. Pace
Chris R. Pace
Margaret Santen
Margaret Santen
Monica L. Lacks
Monica L. Lacks
Samuel H. Ottinger
Samuel H. Ottinger
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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 Standards Act (FLSA), instead requiring lead plaintiffs to demonstrate a "strong likelihood" that other employees they seek to represent are "similarly situated" to the original plaintiffs. In so ruling, the Sixth Circuit became just the second circuit court to expressly reject the familiar two-step certification procedure in FLSA collective actions.

Quick Hits

  • The Sixth Circuit has adopted a new standard for certifying Fair Labor Standards Act collective actions.

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