Tag Archives: “opt-in requirements”

Supreme Court Vacates $7.7 Million Wage and Hour Judgment in Light of Dukes

By Greg Mersol on October 4, 2011 Posted in FLSA, Wage and Hour

Want to read tea leaves? One of the questions arising immediately in the wake of the Supreme Court’s decision in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. __, 131 S. Ct. 2541 (2011), was whether its holdings would apply to cases under the FLSA. Defendants can point to much of the Dukes Court’s language, but plaintiffs, and 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