New York Court certifies 'opt-out' FLSA collective action to protect workers

Seeking to protect a group of immigrant workers from retaliation related to participation in a collective action under the Fair Labor Standards Act, which requires that they affirmatively “opt in” to the suit, a United States District Court in New York has certified a class action under the Federal Rules of Civil Procedure, in which objecting class members have to “opt out” of the suit, to allow the immigrants to pursue state law claims for unpaid overtime under New York’s Labor Law. Guzman v. VLM, Inc., d/b/a Reliable Bakery et al., No. 07-CV-1126 (JG) (E.D.N.Y. Mar. 2, 2008).

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