Jottings By An Employer's Lawyer

Monday, October 18, 2004

FLSA Collective Actions - Low Sign Up Rates?


One concern of employer's in a collective action is that a court will allow a notice to be sent to all potential members. Since it seems almost like an offer of a free ride, why would anyone not take it? But they don't, at least not in large numbers, or at least that is the anecdotal experience of employers who have had such problems. Last week's story in Pizza Marketplace, Few signing on for Pizza Hut class action suit, was proof again. Although notice was sent in May to a potential nation wide class of Restaurant General Managers, as of early October less than 10% had signed up.

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