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Monroe v. FTS USA, LLC and UniTek USA, LLC

Articles Discussing Case:

Sixth Circuit Refuses to Apply Stricter FLSA Collective Action Certification Standard

Littler Mendelson, P.C. • March 11, 2016
In concluding that the proper standard for certifying Fair Labor Standards Act (FLSA) collective actions is whether the plaintiffs are "similarly situated," the U.S. Court of Appeals for the Sixth Circuit ruled on March 2, 2016, that the Seventh Circuit's application of the stricter Federal Rule 23 class action standard to an FLSA collective action was inappropriate. According to the Sixth Circuit in Monroe v. FTS USA, LLC and UniTek USA, LLC, Congress did not import the Rule 23 predominance requirement into the FLSA, and doing so "would undermine the remedial purpose of FLSA collective actions."