Camille Olson Quoted in Employment Law360
“The Quickest Route To Defeating FLSA Class Cert.”

Camille Olson was quoted in the April 1, 2010 Employment Law360 article, "The Quickest Route To Defeating FLSA Class Cert." The article discussed various strategies for defeating FLSA class certification cases. According to Camille, “You need to have data, you need to have a litigation strategy and you need to have a plan to win the case.” The article noted that attorneys experienced in FLSA defense, such as Camille, recommend that the first thing to do is to identify the weak points in plaintiffs' attacks. For example, Camille explained that a key question when interviewing potential class members is "can the named plaintiff adequately represent the proposed class or collective action?"

Camille also explained that filing a motion opposing class or collective action certification before the plaintiffs have a chance to file much more than their complaint gives the defense a chance to “control the litigation.” Camille commented that the real ace in the hole for defendants at the decertification stage is raised pleading standards. She added that the burden of proof is higher the longer a case goes, and plaintiffs will have to entirely prove that they meet the numerosity, commonality and typicality standards in order for a preliminary class to become a set and sturdy class.