Tag Archives: “FLSA section 16 (b) procedure”

Second Circuit Finds FLSA Collective Actions and State Law Class Actions Compatible

One of the hottest topics in class/collective action litigation this year has been the availability of both an FLSA collective action and a state law class action in the same suit. We’ve already written several times about some of these cases, with a distinct difference in approach and outcome among the various courts. Some courts … Continue Reading

Court Finds FLSA Precludes State Overtime Class Actions

By Greg Mersol on May 30, 2011 Posted in FLSA, Wage and Hour

Rule 23 classes require class members to opt out if they do not want to participate in the litigation. Fair Labor Standards Act classes require class members to affirmatively opt in. Are the two compatible? No, according to a recent pair of cases from the Middle District of Pennsylvania. In fact, the court held that … Continue Reading