FLSA Turns 80: A Closer Look At Conditional Cert. Standard

By Sari Alamuddin and Allison Powers (June 19, 2018, 11:47 AM EDT) -- Originally signed by President Franklin D. Roosevelt in 1938, the Fair Labor Standards Act turns 80 this year. In this Expert Analysis series, attorneys most familiar with the statute provide different perspectives on the law's impact and development over the course of its history.

Sari Alamuddin

Allison Powers While the adoption of the two-stage standard for collective action certification may have been born of good intention, its current interpretation strains judicial resources and forces settlement regardless of the merits of the litigation.

Under Section 216(b) of the Fair Labor Standards Act, a private cause of action may be brought against an...

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