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Home / Opinion Digests / Employment Law / Failure to file opt-in dooms leader of collective action (access required)

Failure to file opt-in dooms leader of collective action (access required)

Where the named plaintiff failed to file a written opt-in consent notice before the time for doing so expired, he was not a proper plaintiff and could not lead the collective action. A substitute plaintiff was allowed. Background This is an action alleging that Baird Drywall & Acoustic Inc., violated the Fair Labor Standards Act, or FLSA, ...