3rd Circ. Raises Cert. Bar In Wal-Mart Janitors' FLSA Case

Law360, New York (August 9, 2012, 5:20 PM EDT) -- The Third Circuit set a new standard Thursday for certifying collective class actions in a racketeering case brought by Wal-Mart Stores Inc. janitors, saying plaintiffs must prove they've been subjected to a common employer practice, and not just that they share a common status.

In a precedential opinion, the Third Circuit clarified the standard for reviewing certification of a collective action under the Fair Labor Standards Act, affirming a New Jersey federal court's 2010 decertification of the class of janitors that alleged Wal-Mart engaged in a...
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