The District Court for the Southern District of New York refused to conditionally certify a collective action under the Fair Labor Standards Act (“FLSA”) acknowledging that although the bar for conditional certification of a FLSA collective action is low, “it is not this low.” Sanchez v. JMP Ventures, LLC, 2014 U.S. Dist. LEXIS 14980
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Employer Defeats FLSA Conditional Certification of Nationwide Class Of Former Gym Employees Limiting Class To Include Only Those Employees Who Worked in Gym’s South Texas Region
By William J. Anthony on
Given the lenient standard of proof required of plaintiffs, experienced wage and hour attorneys agree that employers, in most jurisdictions, fight an uphill battle when trying to defeat conditional certification of a collective action under the Fair Labor Standards Act (“FLSA”). When an employer cannot completely defeat a motion for conditional certification, the next best …