Regarding decertification motions, employers achieved less success in 2024 then they did in 2023. In 2024, 15 decertification decisions were issued, and plaintiffs prevailed in 10 cases while defendants achieved decertification in 5 decisions. The plaintiffs’ success rate of 67% is higher than their 2023 success rate of 56%, compared to 50% in 2022.
Once again, continuing a recent trend, the top jurisdictions for FLSA-related litigation, and those perceived as most plaintiff-friendly, are the Second, Fourth, and Ninth, Circuits.
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© Duane Morris LLP 2025
Wage & Hour Class And Collective Action Review – 2025
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