Rick Warren contributed the Expert Analysis, "Anatomy Of An FLSA Collective Action Conditional Cert." to Law360.
The article analyzes nebulous administrative exemption, difficulty and risks of reclassifying employees, legal standards, and potential grounds for decertification while looking at the Julian v. Metropolitan Life Insurance Co. case.
"Wage and hour collective actions are difficult to defend and continue to increase in number in federal and state courts. Given the low standard at this initial stage, plaintiffs win the overwhelming majority of conditional certification motions. Even if defendants are successful in eventually decertifying the class, considerable time and expenses are expended in defending such cases. As this case points out, reclassification of a group of employees can pose significant risks. Employers should carefully evaluate the benefits and risks of reclassifying employees from nonexempt to exempt status."
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