Despite a growing number of defense victories at the decertification stage of FLSA collective actions, a recent Sixth Circuit district court decision, Ribby v. Liberty Health Care, is a reminder that under the two-stage certification process, the first stage, in many courtrooms, remains plaintiff-friendly.
Stating that at the first, or "conditional certification," stage the standard in the Sixth Circuit is "fairly lenient," requiring that plaintiffs show only a colorable basis for their claim that a class of similarly situated plaintiffs exists, the Ribby court granted conditional certification to a class of various types of hourly-paid nurses at a healthcare facility. The nurses claimed that daily 30-minute meal periods were automatically deducted from their pay regardless of whether they performed work during that time. Continue reading this entry at Littler's Wage & Hour Counsel.
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