By Robert Iafolla
The standard for certifying a class in a Fair Labor Standards Act collective action turns on whether the plaintiffs are “similarly situated,” a federal appeals court ruled Wednesday in a lawsuit against a cable installer.
A divided three-judge panel of the 6th U.S. Circuit Court of Appeals refused to apply the stricter predominance requirement for class certifications under Rule 23 in a challenge by a subsidiary of Pennsylvania-based UniTek USA, which had argued that its technicians suing for unpaid overtime should never have been certified.
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