Don’t Judge a Conditional Certification Motion By Its Cover

Seyfarth Synopsis: A New York federal court once again denied a motion for conditional certification of a nationwide collective action against Barnes & Noble. The ruling highlights that, even though the burden for “first stage” certification is modest, courts are willing to apply a “modest plus” approach after discovery relevant to conditional certification has taken place. It also shows the potential positive impact the Supreme Court’s recent Encino Motorcars decision may have for employers opposing conditional certification.

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