The fate of the long-standing but recently threatened two-step process for wage and hour collective certification is uncertain after one federal appeals court departed from two others by keeping the analysis intact, while another is expected to decide on the issue soon.
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"Because the Ninth Circuit has bowed out of the discussion, it does put more weight behind what the Seventh Circuit ultimately could say about it," said Allison Powers of management-side firm Blank Rome LLP.
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Employment law observers had been questioning the two steps for years, and now decisions are finally coming out, Blank Rome's Powers said.
"What you're seeing is just a years-long, decades-long idea finally taking root," she said.
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"2-Step Collective Cert. Survives, but Another Test Is Coming," by Max Kutner was published in Law360 Employment Authority on July 10, 2025.
