FLSA opt-in provision

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Co-authored by Noah Finkel and Kara Goodwin

When negotiating a collective action notice to potential opt-in plaintiffs upon an order for or agreement to conditional certification, a defendant-employer often seeks to include language in the notice that if plaintiffs lose the case, they may be liable to the defendant for costs.  Not surprisingly, plaintiffs’ counsel usually resists including such a…

Continue Reading Full Disclosure To Plaintiffs: Failure To Prevail In An FLSA Case Could Cost You

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 bank2.jpgFLSA and analogous state wage claims…

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