Rule 23, FLSA Claims Not Incompatible, 3rd Circ. Says

Law360, New York (March 27, 2012, 8:14 PM EDT) -- The Third Circuit said Tuesday that state law class-action, wage-and-hour claims and Fair Labor Standard Act collective-action claims were not inherently incompatible, reversing the dismissal of two overtime suits against Rite Aid Corp. in a ruling one lawyer called the "death knell" for the incompatibility argument.

In a 36-page precedential opinion, a three-judge appeals court panel reversed a lower court's decisions to dismiss two lawsuits brought under Maryland and Ohio law, respectively, on the grounds that the actions conflicted with the FLSA.

"In sum, we disagree...
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