Fifth Circuit Establishes New Standard For FLSA Collective Actions
By EsqSocial Corporation 20/01/21
Key Points - In Swales v. KLLM Transport Services, LLC, the U.S. Court of Appeals for the 5th Circuit established a new standard for determining whether, and to whom, court-authorized notice of a collective action lawsuit filed under the FLSA should be sent. - The 5th Circuit rejected what has become the widely-used two-stage process for “certification” of a collective action first articulated in Lusardi v. Xerox Corp., instead directing courts to consider merits-based evidence before...
By: Akin Gump Strauss Hauer & Feld LLP