Del Monte FLSA Suit Limited To 1 Opt-In Class

Law360, New York (December 4, 2009, 4:11 PM EST) -- A lower court did not abuse its discretion in denying certification to two proposed classes of migrant workers suing Del Monte Fresh Produce Inc. for shorting their pay and instead allowing only one opt-in combined class to move forward in a Fair Labor Standards Act collective action, a federal appeals court has ruled.

The outcome of the district court's decision is only reviewable if the court's reasoning strayed from the parameters of federal procedural rules, a three-judge panel of the U.S. Court of Appeals for the...
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