Wage & Hour Class and Collective Action Review — 2023 - Report - Page 12
In terms of the circuits most successful at obtaining first-stage conditional certification,
the Sixth Circuit led the way with granting conditional certification 36 times and denying
conditional certification only six times.
Employers had slightly better odds in the Second Circuit, with courts there granting
conditional certification 33 times and denying conditional certification eight times.
The chart below details the rulings on a circuit by circuit basis:
DM39529965.1
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© Duane Morris LLP 2023
Wage & Hour Class And Collective Action Review – 2023