Fifth Circuit Sets New Standard for Certifying FLSA Collective Actions

On January 12, 2021, the Fifth Circuit Court of Appeals issued a landmark decision rewriting the rules for obtaining certification in collective actions under the Fair Labor Standards Act (FLSA). In Swales v. KLLM Transport Services, L.L.C., No. 19-60847, the Fifth Circuit rejected the lenient approach first articulated a 1987 New Jersey district court opinion....
By: Ogletree, Deakins, Nash, Smoak & Stewart,

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