Last month, Illinois became the first state to enact legislation requiring companies using independent contractors to offer contracts to ICs with prescribed terms and to pay such.
Sixth Circuit notice determination should not be characterized as certification, conditional or otherwise, and sending notice does not require a conclusive finding that potential plaintiffs are similarly situated, FLSA collective actions require other employees to opt-in
With the district court split that Mathews v. USA Today Sports Media Group created, the Fourth Circuit may be more inclined to take up the question of whether to reject the traditional two-stage framework. Meanwhile, a decision from the Sixth Circuit is imminent.
The certification process for FLSA collective actions has typically been a two-step process. The first step is to secure conditional certification, which is often handed out as easily.
A federal district court located within the jurisdiction of the U.S. Court of Appeals for the Fourth Circuit has adopted the heightened standard for certification of a collective action.