In the News: Steve Katz Authors Law360 Article on Supreme Court FLSA Ruling
Constangy partner and Appellate practice group chair Steve Katz has authored an article on the Supreme Court's recent FLSA ruling, published in Law360. The article,"What Justices' FLSA Ruling Means For 2-Step Collective Cert.," discusses the implications of EMD Sales Inc. v. Carrera, which may drastically change collective action certification for FLSA cases.
Traditionally, courts have used a two-step certification process for FLSA collective actions, commonly referred to as the Lusardi Process: a lenient first stage where workers could join the lawsuit with minimal evidence and a more rigorous second stage requiring stronger proof of similarity among plaintiffs. However, with two district courts recently rejecting the Lusardi standard, the Supreme Court's recent ruling in EMD Sales Inc. may have put the final nail in its coffin. The ruling may prompt lower courts to apply stricter standards earlier in the process, impacting wage and hour litigation strategies for both Plaintiffs and Defendants.
To read the full article with a subscription to Law360, click here.
Steve is a partner in Constangy's Los Angeles office and a state bar-certified appellate specialist with 20 years of experience. Steve has handled nearly 100 appeals and writ proceedings before the U.S. and California Supreme Courts and multiple federal circuits. He has defended employers in over 100 class, representative, and collective actions, focusing on wage and hour litigation across industries including retail, pharmaceuticals, tech, and hospitality. Steve has served on the clinical faculties at UCLA and Stanford Law and is a frequent commentator on employment law developments.
