Part Two of a Two-Part Article
Last month, we introduced our primer on the “leniency” standard for FLSA actions, and its interplay with Rule 23 guidelines.
The Quest for Class Certification
Last month, we introduced our primer on the "leniency" standard for FLSA actions, and its interplay with Rule 23 guidelines. We called the quest for class certification "the most feared battle waged in litigation," and went on to explain that if well-regarded class action practitioners were surveyed, there would almost assuredly be a consensus that the quest for class certification is exactly that to a targeted defendant.We discussed the FLSA's opt-in burden, and the liberal standard in our previous article. This month, we address the seemingly irreconcilable approaches taken by some courts.
By
Scott Edward Cole And Matthew R. BainerThis premium content is locked for LawJournalNewsletters subscribers only
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