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News | Apr 13, 2011

FLSA Plaintiffs Not Required to File Consent Forms in Non-Collective Action

I recently received the following authority, which I found quite helpful, for the proposition that FLSA plaintiffs pursuing individual (rather than collective) actions are not required to file consent forms. See Samborski v. Linear Abatement Corp., 1998 U.S. Dist. LEXIS 12306, 3-5 (S.D.N.Y. Aug. 10, 1998) (“To the extent defendants contend that the FLSA requires plaintiffs to file written consents, they clearly have misconstrued the language of the relevant statutes and misread the governing precedent. Courts have uniformly held that where an action is brought by “named individual employees in their individual capacity and for their own individual benefit . . . the provisions of . . . 29 U.S.C. sec. 216(b), relating to the filing of consents, are inapplicable.”); see also Morelock v. NCR Corp., 586 F.2d 1096, 1103 (6th Cir. 1978), cert. denied, 441 U.S. 906, 60 L. Ed. 2d 375, 99 S. Ct. 1995 (1979); Perella v. Colonial Transit, Inc., 148 F.R.D. 147, 150 (W.D. Pa. 1991); Wallace v. Water Tank Serv. Co., 256 F. Supp. 689, 690 (W.D. Okla. 1966); Mitchell v. Mace Produce Co., 163 F. Supp. 342, 346 (D. Md. 1958); Deley v. Atlantic Box & Lumber Corp., 119 F. Supp. 727, 729 (D.N.J. 1954); MacDonald v. Martinelli, 120 F. Supp. 383, 383 (S.D.N.Y. 1950).

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