BROOKE CLARK, LARRY HOLDER; CALVIN MARCUM, JESSICA VANWINKLE v. A&L HOMECARE AND TRAINING CENTER, LLC; NILA IRBY; DAWNETTA ABBETT, RUTHIE LUCAS - Articles

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BROOKE CLARK, LARRY HOLDER; CALVIN MARCUM, JESSICA VANWINKLE v. A&L HOMECARE AND TRAINING CENTER, LLC; NILA IRBY; DAWNETTA ABBETT, RUTHIE LUCAS

Posted by: Karen Belcher on May 19, 2023

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: M. Scott McIntyre, BAKER & HOSTETLER LLP, Cincinnati, Ohio, for Appellants/Cross-Appellees.

Attorneys 2: ARGUED: Gregory R. Mansell, MANSELL LAW LLC, Columbus, Ohio, for Appellees/Cross-Appellants.

Attorneys 3: ON BRIEF: M. Scott McIntyre, BAKER & HOSTETLER LLP, Cincinnati, Ohio, Gregory V. Mersol, BAKER & HOSTETLER LLP, Cleveland, Ohio, for Appellants/Cross-Appellees.

Attorneys 4: ON BRIEF: Gregory R. Mansell, Carrie J. Dyer, Rhiannon M. Herbert, MANSELL LAW LLC, Columbus, Ohio, for Appellees/Cross-Appellants.

Attorneys 5: ON BRIEF: Steven P. Lehotsky, LEHOTSKY KELLER LLP, Washington, D.C., Lindsey Rothfeder, UNITED STATES DEPARTMENT OF LABOR, Washington, D.C., Richard J. (Rex) Burch, BRUCKNER BURCH PLLC, Houston, Texas, Andrew R. Biller, BILLER & KIMBLE, LLC, Cincinnati, Ohio, Robert E. DeRose, BARKAN MEIZLISH DEROSE COX, LLP, Columbus, Ohio, for Amici Curiae.

Judge(s): KETHLEDGE, WHITE, and BUSH, Circuit Judges

Court Appealed: Appeal from the United States District Court for the Southern District of Ohio at Cincinnati

KETHLEDGE, Circuit Judge. Under the Fair Labor Standards Act of 1938 (FLSA), plaintiffs may litigate federal minimum-wage and overtime claims on behalf of other “similarly situated” employees. 29 U.S.C. § 216(b). At issue here is the showing of similarity that is necessary for a district court to facilitate notice of an FLSA suit to employees who were not originally parties to the suit. District courts nationwide have had little guidance as to what that showing should be. We adopt a standard different than the one the district court adopted here, and remand for the district court to apply it.

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