FLSA Opt-Ins Become Party Plaintiffs Upon Filing Written Consents
Posted on Apr 23, 2018 in Employment Law and Employee Benefits | Comments Off on FLSA Opt-Ins Become Party Plaintiffs Upon Filing Written Consents
In Mickles v. Country Club Inc., 2018 WL 1835316 (11th Cir. Apr. 18, 2018), the Eleventh Circuit held, considering a question of first impression in any circuit, that filing a written consent to proceed as a party plaintiff in an FLSA collective action confers party plaintiff status on the filer, even if no collective action is certified. Mickles filed her complaint in April 2014,...
Waiver of the Right to Arbitrate Federal Claim Does Not Extend to Later-Asserted State-Law Claims
Posted on May 24, 2016 in Arbitration, Class Actions | Comments Off on Waiver of the Right to Arbitrate Federal Claim Does Not Extend to Later-Asserted State-Law Claims
On April 21, the Eleventh Circuit decided Collado v. J. & G. Transport, Inc., 820 F.3d 1256 (11th Cir. 2016), holding that a defendant’s waiver through litigation of the right to arbitrate claims under the Fair Labor Standards Act (FLSA) did not extend to state-law claims asserted by a later amendment to the complaint. Enrique Collado, a former truck driver for J. & G., filed a...