Dukes Can't Apply To FLSA Under 3rd Circ. Standard, Attys Say

Law360, New York (August 23, 2012, 9:40 PM EDT) -- A recent Third Circuit decision clarifying the criteria for class certification in Fair Labor Standards Act collective actions leaves no room for argument that the U.S. Supreme Court's landmark Wal-Mart v. Dukes ruling applies in the wage-and-hour context, plaintiffs attorneys say.

Although the Third Circuit's Aug. 9 ruling in Zavala et al. v. Wal-Mart Stores Inc. et al. came down in favor of decertification for a class of janitors, the certification standard the appeals court articulated for FLSA collective actions could tip the balance in favor...
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