Case Updates
Fifth Circuit rejects two-step Lusardi approach allowing “conditional certification” of FLSA collective actions, holding that named plaintiffs must affirmatively prove that employees receiving opt-in notice are similarly situated
January 12, 2021
Click here to view the opinion.
U.S. Chamber files amicus brief urging Fifth Circuit to require commonality and typicality before certifying FLSA collective actions
February 19, 2020
Click here to view the Chamber’s brief. Scott A. Keller and Jeremy Evan Maltz of Baker Botts LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.
Case Documents
- Order Certifying Class - Swales v. KLLM Transport Services, LLC (S.D. Miss.).pdf
- U.S. Chamber Amicus Brief -- Swales v. KLLM Transport Services, LLC (Fifth Circuit).pdf
- Opinion -- Swales v. KLLM Transport Services, LLC (Fifth Circuit).pdf