Duane Morris Class Action Review - 2023 - Report - Page 22
B.
More Rulings Issued In FLSA Collective Actions Than In Other Areas
In 2022, courts issued more certification rulings in FLSA collective actions than in any
other type of case. The ease by which plaintiffs can obtain conditional certification
surely contributes to the allure of that space to members of the plaintiffs’ bar. The
plaintiffs’ bar has succeeded in gaining conditional certification in FLSA matters at a
high rate year over year, contributing to the volume of filings in this area.
In 2022, courts considered more motions for certification in FLSA matters than in any
other substantive area. Overall, courts issued 236 rulings.
Of these, 219 addressed first-stage motions for conditional certification of collective
actions under 29 U.S.C. § 216(b), and 18 addressed second-stage motions for
decertification of collective actions.
Due to the low burden at the conditional certification stage, plaintiffs historically have
enjoyed a high rate of success on such motions. Rulings in 2022 was no exception.
Of the 219 rulings that courts issued on motions for conditional certification, 180 rulings
favored plaintiffs, for a success rate of 82%. Such rate is in line with and slightly higher
than the historic rate of success that plaintiffs have achieved with respect to such
motions.
At the decertification stage, courts generally have conducted a closer examination of the
evidence and, as a result, defendants historically have enjoyed an equal if not higher
rate of success on these second-stage motions as compared to plaintiffs. Again, 2022
was no exception.
Of the 18 rulings that courts issued on motions for decertification of collective actions, 9
rulings favored defendants, for a success rate of 50%. Such rate again is in line with the
historic rate of success that defendants have achieved at the decertification stage.
An analysis of these rulings, provided in Chapter 13, demonstrates that a
disproportionate number of these rulings emanated from pro-plaintiff jurisdictions,
including the judicial districts within the Second (33 decisions) and Ninth Circuits (19
decisions), which include California and New York, respectively.
Similar to recent years, however, the number of rulings emanating from the Sixth Circuit
(36 decisions) proved as high if not higher than the number of rulings in these traditional
pro-plaintiff forums.
The following graph illustrates these variations:
21
© Duane Morris LLP 2023
Duane Morris Class Action Review – 2023