Learn practical considerations for both plaintiffs and employers when gathering and presenting evidence regarding conditional certification status under the Fair Labor Standards Act after Richards v. Eli Lilly, which replaces the long-held Lusardi standard.
Credits: 0.5 General, 0 Diversity/Inclusion PR, 0 MH/SA PR, 0 Other PR
Richards v. Eli Lilly, decided in the 7th Circuit on August 5, 2025, replaces the Lusardi standard for granting conditional certification status under the Fair Labor Standards Act. A plaintiff can no longer rely on generic statements in affidavits or ignore a defendant’s rebuttal evidence to secure the issuance of a collective action notice. The “material factual dispute” standard established by Richards emphasizes judicial neutrality, which means plaintiff’s counsel must carefully attend to their credibility when engaging with evidence rebutting their effort to secure notice to a similarly situated class. Debrai Haile, Managing Partner at Haile Law LLC, provides practical considerations for both plaintiffs and employers gathering and presenting evidence under Richards.
Debrai Haile, Haile Law LLC, Chicago
Expires 9/1/2027
