U.S. Court of Appeals for the Sixth Circuit
Sixth Circuit rejects lenient Lusardi approach for certifying FLSA collective actions and requires instead that plaintiffs show a “strong likelihood” that other employees are similarly situated to the plaintiffs before a district court may facilitate notice of, and an opportunity to join, the suit to those employees
May 19, 2023
Click here to view the opinion.
U.S. Chamber files coalition amicus brief
May 13, 2022
The coalition amicus brief urges the Sixth Circuit to require named plaintiffs in FLSA collective actions to affirmatively prove that employees receiving opt-in notice are similarly situated instead of allowing “conditional certification” under two-step Lusardi approach. Steven P. Lehotsky, Scott A. Keller, and Jeremy Evan Maltz of Lehotsky Keller LLP, Karen R. Harned and Elizabeth Milito of NFIB Small Business Legal Center, and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.
The U.S. Chamber also filed an amicus brief supporting interlocutory review.
Sixth Circuit grants interlocutory review to consider “conditional certification” of FLSA collective action
February 04, 2022
Click here to view the order.
U.S. Chamber files amicus brief urging Sixth Circuit to grant interlocutory review and reject the two-step Lusardi approach allowing “conditional certification” of FLSA collective actions
August 23, 2021
Click here to view the brief. Jonathan D. Urick and Jeremy Evan Maltz of Lehotsky Keller LLP and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.