The coalition amicus brief urges the Sixth Circuit to require named plaintiffs in FLSA collective actions to affirmatively prove that employees receiving opt-in notice are similarly situated instead of allowing “conditional certification” under two-step Lusardi approach. Steven P. Lehotsky, Scott A. Keller, and Jeremy Evan Maltz of Lehotsky Keller LLP, Karen R. Harned and Elizabeth Milito of NFIB Small Business Legal Center, and the U.S. Chamber’s Litigation Center served as co-counsel for the U.S. Chamber.
The U.S. Chamber also filed an amicus brief supporting interlocutory review.
