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Fifth Circuit Adopts More Demanding Standard for FLSA Collective Actions


In a bylined article published in Medical Journal Houston, Brian London discusses a landmark Fifth Circuit case that will significantly alter the legal landscape for employers facing Fair Labor Standards Act (“FLSA”) lawsuits. In the article he describes the two-step certification procedure that federal courts have been using to determine whether an employee may maintain a collective action under Section 216(b). Brian goes on to explain how the recent Fifth Circuit case rejects the previous two-step certification procedure, finding it inconsistent with both the text of the FLSA as well as Supreme Court precedent interpreting Section 216(b). He explains that the Fifth Circuit’s decision is welcome news for healthcare employers doing business in Texas, Louisiana, and Mississippi because it adopts a more demanding standard that “should not only reduce the number of collective actions that will be certified in the coming years, but also ensure that the cases in which certification is granted are appropriately limited in scope.”

To read the article visit Medical Journal Houston.

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