Hard Day's Night for Late Shift Janitors: Third Circuit Sets a Higher Standard for Certification of FLSA Collective Actions and Upholds Decertification of Claims Against Wal-Mart

For janitors cleaning Wal-Mart stores after business hours, the differences among members of the proposed class doomed their FLSA collective action.  Although the janitors worked for Wal-Mart’s cleaning contractors, the janitors claimed that they were also employees of Wal-Mart and sued for unpaid wages.  Zavala v. Wal Mart Stores, Inc. The Third Circuit’s decision delineates the two-part test for FLSA collective actions, which it recently adopted in Symczyk v. Genesis Healthcare Corp., a case that will be reviewed by the Supreme Court next term, as we reported in a blog post last June.

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