In Clark v. A and L Homecare and Training Center, the Sixth Circuit has ruled it will not use the lenient, 2 step procedure in deciding whether to authorize sending notice of a collective action to other workers under the Fair Labor Standards Act. This follows the Fifth Circuit decision.
After the Brooke Clark v. A and L Homecare and Training Center and Swales v. KLLM Transport Services LLC decisions, other circuits opinions on notice standards for plaintiffs in FLSA collective actions or potentially a Supreme Court review will add clarity.