Scott McIntyre Argues for Single-Step Process for Certifying FLSA Collectives

News / December 12, 2022

A&L Home Care and Training Center, a home health agency, has asked the Sixth Circuit Court of Appeals to become the second federal appeals court to switch from a two-step procedure to certify Fair Labor Standards Act (FLSA) collectives to a single step.

A Dec. 7, 2022, article in Law360 Employment Authority titled “6th Circ. Mulls Rejecting 2-Step FLSA Collective Procedure” includes remarks from Partner Scott McIntyre, who represented A&L Home Care before the Sixth Circuit panel.

According to the article, McIntyre told the judges that the two-step process disempowers district courts. “Take the blinders off district judges,” he said. “Let them do what they do best, which is to look at the evidence from both sides, apply it to the law [and] make a reasoned decision.”

Read the article.

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