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The U.S. Supreme Court's decision not to review a standard the Seventh Circuit recently established for issuing notice in collective actions left intact a landscape in which there are now four different approaches.

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The test all circuits had used until a few years ago comes from a New Jersey federal court's 1987 decision in&nbsp;Lusardi v. Xerox Corp. "It's the long-standing and still predominant standard,"&nbsp;said Allison Powers of management-side firm Blank Rome LLP.

However, management-side attorneys say discovery can be expensive and the court might ultimately decertify the collective. "It's fast-track certification,"&nbsp;Powers said. "It prolongs cases that oftentimes won't be able to withstand a decertification challenge."

To read the full article, please click&nbsp;<a href="https://www.law360.com/employment-authority/articles/2429723?">here</a>.

"Justices Leave in Place 4 Collective Certification Approaches," by&nbsp;Max Kutner was published in&nbsp;<a href="https://www.law360.com/employment-authority/articles/2429723?">Law360 Employment Authority</a>&nbsp;on January 14, 2026.

Justices Leave in Place 4 Collective Certification Approaches

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Justices Leave in Place 4 Collective Certification Approaches

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