The Fifth Circuit Rejects Two-Stage Conditional Certification Procedure for FLSA Collective Actions in Favor of a One-Step Rigorous Scrutiny Approach.
By EsqSocial Corporation 20/01/21
On Jan. 12, 2021, the Fifth Circuit Court of Appeals significantly altered the process for certification of collective actions in wage and hour cases under the Fair Labor Standards Act (“FLSA”). In Swales v. KLLM Transport Services, L.L.C., the Fifth Circuit expressly rejected the two-step certification process, commonly known as “the Lusardi test,” which has been used by many district courts across the United States to analyze whether court-authorized notice of an FLSA collective action lawsuit...
By: BakerHostetler