Law360, New York (July 27, 2010, 3:50 PM EDT) -- Fighting a conditional certification motion in a Fair Labor Standards Act case can give employers a valuable chance to pare down the size and scope of the proposed class and set the stage for future battles, but sometimes defendants may be better off conceding notice-stage certification, attorneys say.
Deciding how to deal with a conditional certification bid calls for analyzing the specific facts in case at hand, management-side employment lawyers said.
They pointed to three factors that could sway the balance in favor of an employer...
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