I have blogged on this issue a number of times, i.e., that federal courts are starting to tilt away from the typical and very, very easy way that plaintiffs now have to secure conditional certification. Two federal appellate courts have now decried that method and have sought to establish the “similarly situated” test at a much earlier juncture in the case. My colleague, Renee Sheyko, has just authored an insightful article on the Sixth Circuit case, which explains this new trend in a clear fashion. You can read Renee’s article at https://employmentclassactions.foxrothschild.com/2023/05/collective-action-plaintiffs-in-the-sixth-circuit-must-now-show-strong-likelihood-they-are-similarly-situated/