FLSA Cert. Process Challenged In Light Of Dukes

By Erin Coe (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 30-minute meal break from their time cards when they work more than a set number...

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