An FLSA collective action is very similar to a class action, but under the FLSA they have a different procedure. So under the FLSA a plaintiff, or a person who wants to join a case, has to affirmatively “opt in.” So they have to sign saying, “yes, I want to be part of it.” Whereas in a typical Rule 23 Class, everyone’s a part of the class, unless they opt out.

So it’s just kind of the opposite procedure for having a class action.