Outline of Brief in Opposition to Motion for Conditional FLSA Collective Action Certification

Summary

This template is an Outline of a Brief in Opposition to a Motion for Conditional FLSA Collective Action Certification under Section 216(b). It contains practical guidance and drafting notes. This template is intended for private employers. It is based on federal law and does not address all potential state law distinctions; thus, you should check any relevant state and local laws. For information on conditional certification, see Conditional Collective Action Certification and Decertification Motions under FLSA Section 216(b), Discovery Strategies for Employers in Wage and Hour Class and Collective Actions, Hybrid Wage and Hour Section 216(b) FLSA Collective and Rule 23 Class Actions, and Employee Rights Litigation: Pleading and Practice § 15A.05. For information on a brief in support of a motion for conditional certification, see Outline of Brief in Support of Motion for Decertification of FLSA Collective Action.