Case Updates
Seventh Circuit rejects overly lax two-step Lusardi approach for conditionally certifying FLSA and ADEA collective actions, holding that a plaintiff must make a threshold showing, with evidence suggesting a common unlawful employment practice or policy, that there is a material factual dispute as to whether the proposed collective is similarly situated
August 05, 2025
U.S. Chamber files coalition amicus brief urging Seventh Circuit to require named plaintiffs in FLSA and ADEA collective actions to affirmatively prove that employees receiving opt-in notice are similarly situated instead of allowing “conditional certification” under overly lax two-step Lusardi approach
October 07, 2024
U.S. Chamber Coalition Amicus Brief
Scott A. Keller and Steven P. Lehotsky of Lehotsky Keller Cohn LLP served as outside counsel.