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Labor and Employment Class Actions

Overview

Our firm has represented publicly traded corporations, privately held businesses, and other employers in a wide range of class action claims alleging employment discrimination, violations of the Fair Labor Standards Act (FLSA) wage and hour laws, and other labor and employment disputes.

While our experienced litigators are well prepared to take virtually any matter to trial, we also recognize that a number of steps can be taken to prevent disputes from arising at all and, when they do, to negotiate favorable settlements that minimize costs and negative publicity. For example, in the area of Equal Employment Opportunity (EEO) compliance, we regularly conduct privileged audits and data analyses to determine whether statistically significant disparities exist for protected groups in the areas of compensation, promotions, and performance evaluations.

When class action litigation threatens or is imminent, we draw on our broad experience in oppositions to certification, notice campaigns, class discovery, motions, mediation, and settlement negotiations. We have an extensive network of outside experts whose testimony can provide critical, credible support to our clients' cases. Understanding that costs can be significant in class action litigation, we partner with our clients to develop creative fee arrangements that align our interests with those we serve.

Insights

Client Alert | 4 min read | 06.21.23

The Sixth Circuit Joins the Fifth Circuit in Rejecting the Traditional Two-Step Conditional Certification Process in FLSA Collective Actions

In Clark v. A&L Homecare and Training Center, LLC, Nos. 22-3101/3102, a split three-judge panel for the U.S. Court of Appeals for the Sixth Circuit held that notice to potential plaintiffs should only be issued if lead plaintiffs show a “strong likelihood” that such absent employees are “‘similarly situated’ to the plaintiffs themselves.” In so holding, the Sixth Circuit joined the Fifth Circuit in rejecting the long-standing “lenient” two-step collective action certification process.  The Sixth Circuit declined, however, to apply the Fifth Circuit’s approach and adopted a “strong likelihood” standard.  The Clark decision, issued on May 19, 2023, will significantly impact FLSA collective action litigation in favor of employers in federal district courts in Ohio, Michigan, Kentucky, and Tennessee.  The widening Circuit split ripens this issue for review by the Supreme Court of the United States....

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Professionals

Insights

Client Alert | 4 min read | 06.21.23

The Sixth Circuit Joins the Fifth Circuit in Rejecting the Traditional Two-Step Conditional Certification Process in FLSA Collective Actions

In Clark v. A&L Homecare and Training Center, LLC, Nos. 22-3101/3102, a split three-judge panel for the U.S. Court of Appeals for the Sixth Circuit held that notice to potential plaintiffs should only be issued if lead plaintiffs show a “strong likelihood” that such absent employees are “‘similarly situated’ to the plaintiffs themselves.” In so holding, the Sixth Circuit joined the Fifth Circuit in rejecting the long-standing “lenient” two-step collective action certification process.  The Sixth Circuit declined, however, to apply the Fifth Circuit’s approach and adopted a “strong likelihood” standard.  The Clark decision, issued on May 19, 2023, will significantly impact FLSA collective action litigation in favor of employers in federal district courts in Ohio, Michigan, Kentucky, and Tennessee.  The widening Circuit split ripens this issue for review by the Supreme Court of the United States....