Client Alert: Fifth Circuit Rejects Commonly Used Two-Step Test for FLSA Collective Actions

In a significant decision, the Fifth Circuit recently provided a new framework for district courts to use in determining whether to send notice to employees of a collective action under the Fair Labor Standards Act (FLSA). Because the Age Discrimination in Employment Act (ADEA) incorporates the FLSA’s enforcement provisions, the decision likely applies to ADEA collective actions as well.