Rule 23 Class Action Provisions Apply to FLSA Collective Action Certification Analysis: Seventh Circuit | Practical Law
In Espenscheid v. DirectSat USA, LLC, the US Court of Appeals for the Seventh Circuit upheld a district court opinion decertifying a proposed class of plaintiffs claiming they were not paid for work performed and were denied overtime pay in violation of the Fair Labor Standards Act (FLSA). In its decision, the court ruled that the same certification analysis applies to collective actions under the FLSA as it does to class actions under Rule 23 of the Federal Rules of Civil Procedure.