Opposing Motions to Decertify FLSA Collective Actions
Summary
This practice note provides an overview of the Fair Labor Standards Act (FLSA) certification and decertification process, focusing on strategies for defeating a defendant's motion to decertify an FLSA collective action. If your FLSA collective action is at the decertification stage, you have likely litigated through most (or all) of the discovery period and are preparing for dispositive motion practice and trial. Defeating a decertification motion is often a key step in pushing a case toward resolution.