Fifth Circuit Sets New Framework for Fair Labor Standards Act Certification Analysis
By EsqSocial Corporation 15/01/21
Yesterday, the United States Court of Appeals for the Fifth Circuit rejected the commonly used and admittedly lenient Lusardi framework for Fair Labor Standards Act (FLSA) conditional certification and set a new framework for courts to determine whether and to whom collective action notice should be issued. Swales, et al. vs KLLM Transport Servs., LLC, No. 19-60847 (5th Cir. Jan. 12, 2021), available here. In a significant departure from the current practice, the Fifth Circuit directed the...
By: Bracewell LLP