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Expert Analysis

7th Circ. FLSA Notice Test Adds Flexibility, Raises Questions

By Rebecca Ojserkis ( September 5, 2025, 5:05 PM EDT) -- After decades of standard practice, the U.S. Court of Appeals for the Fifth Circuit and the U.S. Court of Appeals for the Sixth Circuit each adopted their own new stricter standards to issue notice to collective action opt-in plaintiffs in Swales v. KLLM Transport Services LLC in 2021,[1] and in Clark v. A&L Home Care and Training Center LLC in 2023.[2]...

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