Here are some brief points to keep in mind if you’re ever faced with litigating a Fair Labor Standards Act case and you think it might be appropriate to bring it as a class action.
- Technically, there is no class action mechanism in a Fair Labor Standards Act (“FLSA”) case. Per the FLSA, class actions are called “collective actions.”
- In a FLSA collective action, class members have to opt in. In Rule 23 class actions, generally speaking, absent class members are automatically in the class, but may opt out.
- The filing of a class action complaint tolls the statute of limitations for absent class members. The filing of a FLSA collective action does not toll the statute of limitations for other class members. Their statutes of limitations continue to run until they formally consent to be included in the collective action.
- In Rule 23 class actions, the court engages in a comprehensive review of the rule to ensure that the prerequisites are met. In FLSA collective actions, the threshold inquiry is rather cursory.
The full text of the FLSA’s Section 216(b) can be found here and Rule 23 of the Federal Rules of Civil Procedure is located here.
Herrington Law, PA is a consumer/personal injury litigation firm located in Jackson, Mississippi.
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