Did the 7th Circuit Just Provide a New Avenue to Defeat Certification of a State Law Overtime Claim?
By EsqSocial Corporation 03/02/21
Seyfarth Synopsis: The Seventh Circuit Court of Appeals last week affirmed a district court’s denial of class certification of a state overtime claim on numerosity grounds, reasoning that the touchstone for that element is whether joinder of putative class members is practicable, and a factor to consider is how easily the plaintiff could contact those class members for joinder. Because the FLSA’s collective action mechanism makes joinder easy, this ruling suggests that district courts should...
By: Seyfarth Shaw LLP