Holding that pseudonymous filing "runs afoul of the public's common law right of access" and allowed only when necessary "to protect a person from harassment, injury, ridicule or personal embarrassment"
Holding there is “no question, therefore, that plaintiffs have shown a factual nexus between their situation and the situation of other current and former” employees where defendant admitted it had a uniform policy regarding them all
Holding that a district court “has the power to order that notice be given to other potential members of the plaintiff class under the ‘opt-in’ provision of the [FLSA]”
Finding in collective action that there is no risk "that unnamed parties will be bound by a judgment in which they had no participation because only those plaintiffs which opt into the suit are bound by its result."
In Partlow the plaintiffs brought an action alleging their employer had violated the FLSA and sought to "maintain the lawsuit as a class action under" the FLSA.
In Atkins v. General Motors Corp., 701 F.2d 1124, 1130 n. 5 (5th Cir. 1983), the court adopted a strict view of the FLSA's limitations provision, stating that limitations runs from the opt-in date and a court could not "alter the express terms of the statute."
Fed. R. Civ. P. 23 Cited 34,896 times 1234 Legal Analyses
Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"