CINCINNATI, Ohio (May 13, 2022) – NFIB filed an amicus brief in the case Brooke Clark, et al., v. A&L Home Care and Training Center, LLC, et al. at the United States Court of Appeals for the Sixth Circuit. The case concerns the Fair Labor Standards Act (FLSA) and whether district courts have clear and substantive guidance for collective action cases.

“Small businesses are concerned that some collective action cases could lead to frivolous litigation, significant and unnecessary discovery costs, and vast liability,” said Karen Harned, Executive Director of NFIB’s Small Business Legal Center. “It is important to small businesses that the Courts have a clear procedure when hearing collective action cases and determine whether plaintiffs are ‘similarly situated’ at the outset of the collective action. We urge the Sixth Circuit to reverse the district court’s decision.”

NFIB’s amicus brief calls on the Court to clarify that the well-established procedural safeguards of traditional class action certification under Rule 23 should apply to determining whether putative FLSA collective action plaintiffs are “similarly situated.” NFIB filed the amicus brief with the U.S. Chamber of Commerce.

The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.