What is FLSA class action?

The federal Fair Labor Standards Act (FLSA) generally allows plaintiffs to assert claims individually or on behalf of similarly situated individuals in a collective action. The aggregate nature of FLSA collective actions means that even relatively small individual claims can add up to significant back pay awards.

What are the three chief provisions of the FLSA?

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.

What is conditional class certification?

The first step of the two-step certification process, referred to as “conditional certification” of a putative class, involves a district court’s determination of whether prospective opt-in plaintiffs are similar enough to receive notice of the pending lawsuit.

How is FLSA status determined?

Employees who are paid less than $23,600 per year ($455 per week) are nonexempt. (Employees who earn more than $100,000 per year are almost certainly exempt.)

Who must follow the Fair Labor Standards Act?

Generally, the FLSA applies to employees of enterprises that have an annual gross volume of sales made or business done totaling $500,000 or more, and to employees individually covered by the law because they are engaged in interstate commerce or in the production of goods for commerce.

How far back can I claim unpaid holiday pay?

Yes, an employee can bring a claim for backdated holiday pay. The limitation period for bringing claims for an underpaid holiday is three months from the last failed payment. Employees can claim for a series of failed payments.

What are the rules for a class action certification?

An order that certifies a class action must define the class and the class claims, issues, or defenses, and must appoint class counsel under Rule 23 (g). (C) Altering or Amending the Order. An order that grants or denies class certification may be altered or amended before final judgment.

How do FLSA “collective actions” and “class action” differ?

How Do FLSA “Collective Actions” and “Class Actions” Differ? As with a “class action” brought under Rule 23 of the Federal Rules of Civil Procedure, a named plaintiff (or plaintiffs) in an FLSA collective action files suit on behalf of himself and other similarly situated current or former employees.

Is there a statute of limitations on FLSA collective action?

As a result, the statute of limitations may have already run as to many putative members of the collective action before they receive notice that a lawsuit has been filed. What Can Employers Do to Minimize Their Risk of an FLSA Collective Action?

How many wage and hour lawsuits are filed under FLSA?

Employers are continuing to see an increase in the number of wage and hour lawsuits filed by current or former employees under the federal Fair Labor Standards Act (“FLSA”). In 2010, 6,081 FLSA lawsuits were filed in U.S. federal courts. See Statistics Div., Admin. Office of the U.S. Courts, Federal Judicial Caseload Statistics.