Flaws Of The 2-Step FLSA Certification Process

Law360, New York (October 18, 2012, 5:36 PM EDT) -- In an age of congested court dockets, overworked judges and clerks and multiplying high-profile wage and hour class action lawsuits, one would think that the last thing a federal court would be interested in doing would be actively soliciting hundreds or even thousands of individual plaintiff wage and hour lawsuits to flood their courtrooms.

Yet, that is exactly what district courts across the country are doing in the Fair Labor Standards Act context under the district court-created “approve now and worry later” two-step certification process for...
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