The U.S. Court of Appeals for the Sixth Circuit recently held in Clark v. A & L Homecare and Training Center, that plaintiffs must show a “strong likelihood” that other employees are “similarly situated” to the plaintiffs for a court to certify a Fair Labor Standards Act (FLSA) collective action and facilitate notice of the action. The “strong likelihood” standard has the potential to make it more difficult for plaintiffs to facilitate notice of their FLSA collective actions to other potential collective members.…

Continue Reading The Sixth Circuit Sets a New Standard for Notification of FLSA Collective Actions