No More Two-Step in Texas (and Beyond): the Fifth Circuit Rejects the Two-Stage Lusardi Approach to Conditional Certification in Favor of Employer-Friendly Standard
By EsqSocial Corporation 15/01/21
Seyfarth Synopsis: In an important decision for employers, the Fifth Circuit Court of Appeals rejected the all-too lenient but commonly accepted Lusardi standard for conditional certification under the FLSA. In its place, the court adopted a more practical, common sense approach in deciding whether trial courts should send notice to past and current employees advising them that a lawsuit against their employer has been filed and that they have the right to join or “opt into” the lawsuit. Instead...
By: Seyfarth Shaw LLP