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Expert Analysis

Collective Action Defendants, Don't Count Out Early Opt-Ins

By Juan Enjamio and Anna Lazarus (July 9, 2018, 3:35 PM EDT) -- In April 2014, Andrea Mickles filed a complaint against her employer, Country Club Inc., alleging it had violated the Fair Labor Standards Act by improperly classifying her and other employees as independent contractors and failing to pay them minimum wage and overtime.[1] She filed her case as a collective action and others opted into the case before any ruling on conditional certification.[2] Those opt-ins eventually provided the U.S. Court of Appeals for the Eleventh Circuit with an opportunity to address an issue of first impression in any circuit: What is the status of individuals who opt into a case that is never conditionally certified?...

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