Calderone v. Scott

Plaintiffs filed suit against the Sheriff of Lee County, Florida, alleging wage and overtime claims. At issue is whether employees may maintain a collective action against their employer under section 216(b) of the Fair Labor Standards Act of 1938 (FLSA), 29 U.S.C. 201 et seq., at the same time as a class action brought based on state law and pursuant to Federal Rule of Civil Procedure 23(b)(3). The district court found that, under LaChapelle v. Owens-Illinois, Inc., these two types of actions are “mutually exclusive and irreconcilable.” However, the court joined the D.C., Second, Third, Seventh, and Ninth Circuits and held that an FLSA collective action and a Rule 23(b)(3) state-law class action may be maintained in the same proceeding. Therefore, the court reversed the district court only with respect to its contrary conclusion on this point. On remand, the district court must consider whether plaintiffs' putative class action meets the Rule 23(a) and (b)(3) requirements, as well as whether to exercise supplemental jurisdiction over the class action under 28 U.S.C. 1367(a). View "Calderone v. Scott" on Justia Law