Case: Wage & Hour/Fair Labor Standards Act (W.D.N.C.)

A North Carolina federal district court denied without prejudice a motion for conditional certification and to provide notice pursuant to the Fair Labor Standards Act filed by a maintenance supervisor against Southwood Realty Company, rejecting the traditional Lusardi approach in favor of the Fifth Circuit’s framework requiring limited discovery to determine whether putative collective members are “similarly situated” to the plaintiff before notice is sent to potential opt-ins.

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