Analysis

How To Defeat Collective Action Certification In FLSA Suits

By Vin Gurrieri (August 24, 2018, 8:40 PM EDT) -- Businesses facing Fair Labor Standards Act collective actions can find themselves on the hook for hefty legal bills, even if they win, and potentially steep damage awards if they don't. But employers can stop these suits in their tracks if they prevent them from proceeding collectively.

In an FLSA collective action, certification is a two-stage process. Workers file for conditional certification early in a case, and if a judge grants the request, they can notify potential collective members of their claims and give them a chance to "opt in" to the suit. Businesses can later move to decertify the collective....

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