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Expert Analysis

Will 5th Circ. FLSA Certification Framework Help Employers?

By Margaret Allen and Tayler Bragg ( February 5, 2021, 6:02 PM EST) -- Employers may find themselves in discovery at an earlier stage of litigation due to the U.S. Court of Appeals for the Fifth Circuit's recent decision in Swales v. KLLM Transportation Services LLC — which disrupted the status quo and announced a more-rigorous gatekeeping framework for district courts to use when deciding whether to send notice to potential claimants in Fair Labor Standards Act, or FLSA, collective actions.[1]...

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