Ruling by Sixth Circuit Makes It Easier for Plaintiffs To Bring FLSA “Collective Action”

A recent plaintiff-friendly decision by a split three-judge panel of the U.S. Court of Appeals for the Sixth Circuit will make it easier for plaintiffs to bring a so-called collective action under the Fair Labor Standards Act (FLSA).  An FLSA collective action is a lawsuit brought on behalf of a group of plaintiffs.

In Monroe v. FTS, No. 14-6063 (6th Cir. Mar. 2, 2016), a panel majority relaxed the standard for getting an FLSA collective action certified by giving an expansive reading to the key term “similarly situated.”

The ruling by the Sixth Circuit in Monroe is in direct conflict with a ruling by the Seventh Circuit in Espenscheid v. DirectSat USA.  The Seventh Circuit court recently affirmed decertification of a class because the plaintiffs presented different theories of FLSA violations, raising the possibility that the U.S. Supreme Court might eventually resolve the issue.

A copy of the Monroe decision is available here.

Members of the Equal Employment Advisory Council (EEAC) can read more here.