FLSA Cert. Process Challenged In Light Of Dukes

Law360, San Diego (August 11, 2011, 7:02 PM EDT) -- The two-stage process courts use to conditionally certify collective actions under the Fair Labor Standards Act defies civil procedure and the U.S. Supreme Court’s Dukes ruling, according to a petition filed by HCR ManorCare on Thursday with the Sixth Circuit.

The nursing care provider's petition seeks to vacate an Ohio federal court’s June ruling and subsequent orders conditionally certifying a nationwide class of more than 58,000 current and former hourly employees. The unpaid overtime and minimum wage case centers around HCR’s policy of automatically deducting a...
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Case Information

Case Title

Creely v. HCR ManorCare, Inc. et al

Case Number



Ohio Northern

Nature of Suit

Labor: Fair Standards


Jack Zouhary

Date Filed

December 10, 2009

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