In a published, precedential case of first impression, the U.S. Court of Appeals for the Third Circuit clarified a significant question at the intersection of the Fair Labor Standards Act (FLSA) and class-action procedure under Federal Rule of Civil Procedure 23. The decision, Lundeen v. 10 West Ferry Street Operations (No. 24-3375), grappled with a matter of first impression: whether a named plaintiff in a class action may settle unasserted FLSA claims on behalf of prospective class members, even if those members have not “opted in” as required under 29 U.S.C. Section 216(b). In doing so, the Third Circuit answered the question affirmatively, that a properly scrutinized class settlement can waive prospective FLSA claims for prospective class members.
Already a part of the community? Sign In Now.
Is one article a month not enough? Subscribe today to unlock premium access to all the in-depth analysis and breaking news on critical legal issues from Law.com.
*May exclude premium content.
With millions of class action notices mailed each year, it...
The Department of Homeland Security is claiming local authorities in Minnesota are not cooperating with their operations. CBS News homeland security correspondent Nicole Sganga spoke with Minnesot...