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Wednesday, May 6, 2026

Sixth Circuit Creates New Test for Wage Collective Actions (Correct) - 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.

District courts in Kentucky, Michigan, Ohio, and Tennessee must require plaintiffs to show a “strong likelihood” that employees seeking to join the case “are similarly situated to the plaintiffs themselves,” before authorizing notice, Judge Raymond Kethledge wrote for the US Court of Appeals for the Sixth Circuit May 19 in a splintered decision. This “strong likelihood” standard is similarly used by courts when deciding whether ...

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