Thursday, January 14, 2021
Yesterday, the United States Court of Appeals for the Fifth Circuit rejected the commonly used and admittedly lenient
Lusardi framework for Fair Labor Standards Act (FLSA) conditional certification and set a new framework for courts to determine whether and to whom collective action notice should be issued.
Swales, et al. vs KLLM Transport Servs., LLC, No. 19-60847 (5th Cir. Jan. 12, 2021), available
here. In a significant departure from the current practice, the Fifth Circuit directed the United States District Courts to “rigorously enforce” the “similarly-situated” requirement
prior to authorizing notice of the opportunity to join a collective action to potential FLSA claimants. The practical result of this framework: The potential to reduce the number of FLSA collective actions or at least the scope of FLSA collective actions.
Chike Uzuegbunam is a former student at Georgia Gwinnett College who in 2016 was stopped from sharing his faith on campus. | YouTube/Alliance Defending Freedom
The United States Supreme Court will soon decide whether a college that ordered a Christian student to cease preaching on campus can be punished even though the administration has since changed the institution s free speech policies.
Uzuegbunam v. Preczewski, which is centered on George Gwinnett College’s treatment of student Chike Uzuegbunam.
Gwinnett punished Uzuegbunam for preaching outside of an on-campus free speech zone, prompting the student to file a lawsuit which resulted in Gwinnett changing its policies.
In 1833, the United States Supreme Court was called to rule in the matter of the United States vs. Wilson.George Wilson, in April of 1830, had partnered wi
In 1833, the United States Supreme Court was called to rule in the matter of the United States vs. Wilson.George Wilson, in April of 1830, had partnered wi