Wage and Hour Class Actions - Improper to Combine with State Wage Class Action
by Michael Fox
At least under the special circumstances laid out in detail in De Ascenscio v. Tyson Foods, Inc. (3rd Cir. 9/8/03). In an opinion that would provide a great exam question for a law school class on federal courts, the 3rd Circuit held that the district court had abused its discretion in exercising supplemental jurisdiction over a class action claim under the Pennsylvania Wage Payment & Collection law, where the primary jurisdiction rested on a collective action under the FLSA.
The opinion also provides a good discussion of the differences between opt-in classes, which have been chosen by Congress as the method for use in FLSA actions vs. opt-out class under Rule 23.