The U.S. Court of Appeals for the Sixth Circuit has rejected the often plaintiff-friendly conditional certification that many courts grant in allowing a collective action under the Fair Labor Standards Act to proceed. Instead, the court has adopted a standard that requires lead plaintiffs to first show a “strong likelihood” that other employees are similarly situated before allowing them to opt in to the lawsuit. The ruling—in Clark v. A&L Homecare and Training Center—is likely to make it harder for class plaintiffs to pressure employers into settling FLSA claims. The Sixth Circuit thus joins the Fifth Circuit in rejecting the conditional certification approach.
Members of the Center for Workplace Compliance (CWC) can read more here.