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Wednesday, May 6, 2026

Rigorous Test for Wage Collective Actions Adopted by 6th Circuit - Bloomberg Law

A federal appeals court in Ohio has become the second to reject a lenient standard federal judges generally have used to determine whether to certify wage-and-hour collective actions under the Fair Labor Standards Act.

The US Court of Appeals for the Sixth Circuit May 19 adopted the Fifth Circuit’s approach, which requires lower courts to conduct early discovery and rigorously scrutinize whether potential opt-in plaintiffs are sufficiently similar to one another to join a collective action. This procedure would either result in class certification or denial of certification, and could limit the number of workers that can join a ...

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