Do all “similarly situated” employees have to participate in an FLSA suit if one employee decides to sue?
A. No. FLSA cases are not “class actions.” No employee need bring or join an FLSA suit if s/he does not want to. However, similarly situated employees are permitted to join an existing FLSA case, and this is a common procedure. If an employee does not join an existing FLSA suit s/he will not be entitled to recover any money as a result of the suit. And as a practical matter, any downstream consequences which may result from one employee bringing an FLSA action (such as schedule restructuring) will likely apply equally to all similar employees in an organization. Q. What effect do the provisions of a collective bargaining agreement have on FLSA overtime rights? A. Almost none. FLSA rights cannot be waived, by collective bargaining or otherwise. (Generally, employees are entitled to the benefits of the FLSA or their CBA, whichever is more favorable. However, a violation of a CBA would not itself be a violation of the FLSA and would not be enforced in an FLSA legal action.) Q. I’m a feder
No. FLSA cases are not “class actions.” An employee need not bring or join an FLSA suit if he or she does not want to. However, similarly situated employees are permitted to join an existing FLSA case, and this is a common procedure. If an employee does not join an existing FLSA suit he or she will not be entitled to recover any money as a result of the suit.
No. FLSA cases are not “class actions.” An employee need not bring or join an FLSA suit if he or she does not want to. However, similarly situated employees are permitted to join an existing FLSA case, and this is a common procedure. If an employee does not join an existing FLSA suit he or she will not be entitled to recover any money as a result of the suit. However, employees who do not join an existing FLSA suit can file their own individual lawsuit in a local federal or state court using an attorney of their own choosing.
A. No. FLSA cases are not “class actions.” No employee need bring or join an FLSA suit if s/he does not want to. However, similarly situated employees are permitted to join an existing FLSA case, and this is a common procedure. If an employee does not join an existing FLSA suit s/he will not be entitled to recover any money as a result of the suit. And as a practical matter, any downstream consequences which may result from one employee bringing an FLSA action (such as schedule restructuring) will likely apply equally to all similar employees in an organization.
Related Questions
- Do all "similarly situated" employees have to participate in an FLSA suit if one employee decides to prosecute her employer?
- Do all "similarly situated" employees have to participate in an FLSA suit if one employee decides to sue?
- Do all employees have to participate in an FLSA suit if one or more employees decide to sue?
