By: Tim Watson, Brian Wadsworth, and John Phillips
Seyfarth Synopsis: In an important decision for employers, the Fifth Circuit Court of Appeals rejected the all-too lenient but commonly accepted Lusardi standard for conditional certification under the FLSA. In its place, the court adopted a more practical, common sense approach in deciding whether trial courts should send notice to
Continue Reading No More Two-Step in Texas (and Beyond): the Fifth Circuit Rejects the Two-Stage Lusardi Approach to Conditional Certification in Favor of Employer-Friendly Standard