5th Circ. Won't Scrap 2-Step FLSA Class Cert. Process

Law360, New York (March 13, 2013, 7:43 PM EDT) -- The Fifth Circuit on Tuesday refused to disturb the two-stage collective certification process commonly used in Fair Labor Standards Act cases, rejecting Wells Fargo & Co.'s bid to require lower judges to apply traditional class certification standards to the wage cases.

The appeals court denied Wells Fargo's petition for a writ of mandamus, which would have overturned a district court ruling that granted conditional certification to thousands of home mortgage consultants who claim the bank misclassified them as exempt from federal overtime requirements.

As is common...
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