Authored by Abad Lopez

Because the two mechanisms are ‘incompatible,’ a proposed class of assistant bank managers cannot pursue an opt-out Fed. R. Civ. P. 23 class action and an opt-in Fair Labor Standards Act collective action in the same lawsuit, a federal district court has held.  A common strategy employed by Plaintiff’s counsel is to bring both FLSA and analogous state wage claims…

Continue Reading In Hybrid Class/Collective Actions, Plaintiffs Can’t Have It Both Ways