EEOC, DOL Defend 2-Step FLSA Cert. Process

Law360, New York (January 4, 2013, 4:40 PM EST) -- The U.S. Department of Labor and the Equal Employment Opportunity Commission on Thursday backed the two-step certification process used in Fair Labor Standards Act collective actions, urging the Fifth Circuit to shoot down Wells Fargo & Co.'s attempt to have the court apply traditional certification standards in its wage-and-hour litigation. 

The DOL and EEOC's amicus brief said the appeals court should affirm a Houston federal judge's August order granting conditional certification in multidistrict FLSA litigation alleging that Wells Fargo stiffed home mortgage consultants on overtime pay.  ...
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