Dukes Applies To FLSA Suits, Chamber Tells 5th Circ.

Law360, New York (October 31, 2012, 5:23 PM EDT) -- The U.S. Chamber of Commerce backed an appeal by Wells Fargo & Co. urging the Fifth Circuit on Tuesday to make courts apply traditional class action certification criteria — and the U.S. Supreme Court's landmark Dukes ruling — in Fair Labor Standards Act collective actions.

The Chamber's amicus brief urged the appeals court to vacate a Houston federal judge's August order granting conditional certification in multidistrict FLSA litigation alleging that Wells Fargo stiffed home mortgage consultants on overtime pay.

“The 'conditional' class action is a 'Frankenstein’s...
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