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The Quickest Route To Defeating FLSA Class Cert.

Law360 (April 1, 2010, 5:10 PM EDT) -- Class certification may be more difficult to defeat under the Fair Labor Standards Act than under Title VII, given lower pleading standards and preliminary certification, but defense counsel can still mount a strong case provided they cover several key bases, attorneys say.

“You need to have data, you need to have a litigation strategy and you need to have a plan to win the case,” said Camille Olson, the chair of Seyfarth Shaw LLP's complex discrimination litigation practice group.

The first thing defense counsel need to...
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