decertification; conditional certification; Rule 23 certification; FLSA; E.D.N.Y.;

EDNY-SealCo-authored by Robert S. Whitman and Howard M. Wexler

Plaintiffs’ counsel frequently speak of the “low” burden necessary at first stage for conditional certification under the FLSA.  However, a recent decision from the Eastern District of New York highlights that plaintiffs may win the battle over conditional certification but still lose the war for final certification at second stage.

Continue Reading Doing the “Two Step”: Court Denies Second Stage Certification of FLSA Claims