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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.
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Minneapolis employment law attorney Sara Gullickson McGrane explains what FLSA collective remedy is.