TBA Law Blog


Posted by: Stacey Shrader Joslin on May 24, 2023

The Sixth Circuit U.S. Court of Appeals has become the second court to reject a lenient standard that federal judges generally use to determine whether to certify wage-and-hour collective actions under the Fair Labor Standards Act (FLSA). Bloomberg Law reports that the court “in a splintered decision” set precedent by establishing a new, higher evidentiary standard that workers must meet when seeking to resolve their claims as a group rather than individually in FLSA actions.