Fifth Circuit Ends ‘Lenient’ FLSA Collective Action Certification Standard
Authors
In a recent decision providing welcome news for employers, the Fifth Circuit completely deconstructed the plaintiff-friendly two-step certification process routinely favored by federal courts for managing collective action claims under the Fair Labor Standards Act (FLSA). The Jan. 12, 2021, decision in Swales v. KLLM Transport Services, LLC is a watershed moment for FLSA litigants and practitioners in the Fifth Circuit. Its impact may open a broader debate in other federal courts as to how much scrutiny to apply when considering sending notice to workers of pending wage and hour collective actions in which they may participate.
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