Noah Finkel and Alex Simon Write on Seventh Circuit Easing FLSA Certification Burden for Employers in Reuters' Westlaw Today

Seyfarth’s Noah Finkel and Alex Simon co-authored an article, “For Richards And Not For Poorer: Employers in the Seventh Circuit Get Reprieve From Unfair FLSA Collective Certification Standard,” in Thomson Reuters’ Westlaw Today on August 8. The Seyfarth attorneys discussed how the Seventh Circuit joined the Fifth and Sixth Circuits in setting a higher standard for employees to meet before courts can authorize notice to potential members of an FLSA collective action.

“Although the Seventh Circuit declined to adopt either the Swales or Clark standards, employers now will be given an opportunity to demonstrate, through their own evidence, that the proposed collective members are not sufficiently similar to one another to justify collective litigation.”

The full article is available here.