Court Abolishes “Conditional Certification” Of Collective Actions
By EsqSocial Corporation 14/01/21
A groundbreaking ruling from the U.S. Court of Appeals for the Fifth Circuit threatens to upend decades of federal court practice concerning the management of collective actions brought under the Fair Labor Standards Act. The decision, Swales v. KLLM Transport Services, LLC, abandons the longstanding doctrine of “conditional certification” and holds that notice may be sent to potential plaintiffs only after the court determines, on a full discovery record, whether and to what extent a group...
By: Constangy, Brooks, Smith & Prophete, LLP