Defendants, plaintiffs should tread lightly during class discovery in FLSA actions

Lawyers' Forum

By Jordan Wilkow

Jordan Wilkow is an associate at Tabet, DiVito & Rothstein LLC. His practice is focused on complex commercial litigation, and he can be reached at jwilkow@tdrlawfirm.com.

Posted February 10, 2016 2:47 PM

A court in the Northern District of Illinois recently denied a motion for conditional class certification under the Fair Labor Standards Act. Given the lenient standard of review generally applied to such motions, a denial is somewhat unusual.Even more noteworthy, however, is that in reaching this result, the court departed from the more lenient standard commonly applied at the FLSA conditional certification stage in favor of a heightened, “intermediate” level of scrutiny.Both plaintiffs and defendants should …

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