Fifth Circuit Shuts Down FLSA Conditional Certification
By EsqSocial Corporation 02/02/21
In a decision of considerable significance in the world of wage and hour litigation, the United States Court of Appeals for the Fifth Circuit significantly departed from conventional standards for assessing conditional certification under Section 216(b) of the Fair Labor Standards Act (“FLSA”). In Swales v. KLLM Transport Services, Inc., the Fifth Circuit rejected the conditional certification process entirely and drastically altered the procedure for assessing whether potential members of a...
By: Sheppard Mullin Richter & Hampton LLP