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August 2018

Order Obtained Decertifying Collective Action

Tim Peeples obtained an order decertifying a collective action filed by a former employee under the Fair Labor Standards Act (“FLSA”).  The United States District Court for the Northern District of Mississippi decertified the claims of fifty (50) employees who alleged that the defendant employer had misclassified them as exempt from the overtime provisions of the FLSA.  The employer successfully showed that the daily tasks performed by the employees varied too much to allow the case to be tried on a collective basis.