The numbers no doubt flow from the different standards and approaches that courts in different federal circuits take in evaluating motions for conditional certification and decertification and, in turn, the likelihood of plaintiffs’ success on such motions. If more courts join the Fifth and Sixth Circuits in abandoning the traditional two-step certification process, and thereby increase the time and expense of gaining a conditional certification order, it may lead to a reshuffling of the deck in terms of where plaintiffs file their cases and the types of claims they pursue. The U.S. Supreme Court also weighed in on the FLSA ’ s highly-compensated exemption in 2023. Through its decision in Helix Energy Solutions Group, Inc. v. Hewitt, et al. , 143 S. Ct. 677 (2023), the Supreme Court offered significant clarification on the “salary basis” test under the FLSA, especially for highly- compensated employees (HCEs) paid daily. This ruling impacts employers with high-earning employees under non-traditional salary structures.
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© Duane Morris LLP 2024
Wage & Hour Class And Collective Action Review – 2024
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