In both modern and historical times, class action lawsuits have required plaintiffs to share a common interest when they proceed collectively in an action. When Rule 23 of the Federal Rules of Civil Procedure (Rule 23) went into effect in 1938, it reflected the common-interest requirement by requiring class action plaintiffs to share a common question of law or fact. That same year, when Congress enacted the Fair Labor Standards Act (FLSA), it drafted the common-interest requirement into § 216(b) of the statute, which allows employees to bring suit either individually or on behalf of others who are “similarly situated.” Yet it remains unclear whether Congress intended § 216(b) to serve as a separate procedural device, or whether Congress simply intended to reflect the common-interest requirement of a class action lawsuit. . . .
Opt-in Class Actions Under the FLSA, EPA, and ADEA: What Does It Mean to be Similarly Situated?
Dec 2, 2004 | Notes, Number 1, Print Edition, Volume 38