Wage & Hour Class and Collective Action Review — 2023 - Report - Page 13
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 a rate again is in line with the historic rate of success that defendants have
achieved at the decertification stage.
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© Duane Morris LLP 2023
Wage & Hour Class And Collective Action Review – 2023
