Swales v. KLLM Transport Services, LLC

U.S. Court of Appeals for the Fifth Circuit

Tab Group

Merits Stage

Fifth Circuit rejects two-step Lusardi approach allowing “conditional certification” of FLSA collective actions, holding that named plaintiffs must affirmatively prove that employees receiving opt-in notice are similarly situated

January 12, 2021

Click here to view the opinion.

U.S. Chamber files amicus brief urging Fifth Circuit to require commonality and typicality before certifying FLSA collective actions

February 19, 2020

Click here to view the Chamber’s brief. Scott A. Keller and Jeremy Evan Maltz of Baker Botts LLP served as co-counsel for the U.S. Chamber of Commerce on behalf of the U.S. Chamber Litigation Center.

Case Documents

Order Certifying Class - Swales v. KLLM Transport Services, LLC (S.D. Miss.).pdf

U.S. Chamber Amicus Brief -- Swales v. KLLM Transport Services, LLC (Fifth Circuit).pdf

Opinion -- Swales v. KLLM Transport Services, LLC (Fifth Circuit).pdf