| name | flsa-conditional-certification |
| title | Motion for Conditional Certification (FLSA) |
| description | Drafts a Motion for Conditional Certification under FLSA § 216(b) for wage and hour collective actions. Applies the two-stage certification framework with similarly-situated analysis and proposed notice plan. Use when filing for conditional certification, FLSA collective action notice, opt-in certification, or wage and hour class-wide claims in federal court. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/flsa-conditional-certification |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | employment |
| language | en |
| tags | ["drafting","litigation","motion"] |
Motion for Conditional Certification (FLSA)
Drafts a plaintiff-side Motion for Conditional Certification under 29 U.S.C. § 216(b), seeking court-authorized notice to similarly situated employees in a wage and hour collective action.
Prerequisites
- Named plaintiff declarations — job duties, pay practices, knowledge of similarly situated coworkers
- Proposed collective definition — job titles, time period, geographic scope
- Evidence of common policy/practice — handbooks, pay records, org charts, centralized decision-making proof
- Proposed notice and consent forms — drafted as exhibits
- Local rules reviewed — page limits, formatting, judge-specific conditional certification preferences
Quick Start
Frame every section around the Stage 1 lenient standard: a modest factual showing that plaintiffs are similarly situated. The court is not resolving merits — it is deciding whether to authorize notice.
Core Workflow
1. Caption and Introduction
- Full court name, case number, party designations, motion title per local rules
- Identify named plaintiff(s) by name and job title
- Define proposed collective: role, employer, date range
- Frame violations as collective (company-wide policies, uniform practices)
- State this seeks first-stage conditional certification only
2. Factual Background
Present facts establishing systematic, uniform violations:
- Business operations: defendant's structure, locations, relevant departments
- Common policies: handbook provisions, pay structures, classification decisions
- Specific violations: misclassification, off-the-clock work, overtime failures, rate miscalculation
- Uniformity indicators: standardized job descriptions, centralized pay decisions
- Plaintiff knowledge: personal experience AND observation of coworkers
Emphasize pattern over isolated incidents. Cite declarations, complaint allegations, and available discovery.
3. Legal Standard
Present the two-stage framework:
- Stage 1 (Conditional Certification) — lenient; modest factual showing plaintiffs are similarly situated. Court authorizes notice. Cite Hoffmann-La Roche Inc. v. Sperling, 493 U.S. 165 (1989).
- Stage 2 (Decertification) — rigorous scrutiny after discovery; court may decertify.
Identify circuit-specific standard. Most circuits use "modest factual showing" / "reasonable basis." The Fifth Circuit applies a heightened test under , 985 F.3d 430 (5th Cir. 2021).
