In a case for overtime compensation, the Middle District of Florida (Fort Myers Division) held that plaintiffs’ claims under the Fair Labor Standards Act (“FLSA”) and Federal Rule of Civil Procedure 23 were “mutually exclusive and irreconcilable. Tamera Goers, et. al. v. L.A. Entertainment Group and Amer Salameh, No. 15-cv-412-FtM-99CM (Aug. 25, 2016).

Contending they were due overtime pay, adult entertainers sought certification of their FLSA claims as a collective action and certification of their state claims under the Florida Minimum Wage Act as a class action under Rule 23.  Rule 23 exists to determine the propriety of bringing a matter as a class action and requires such an action to be superior to other methods of adjudication. 

By way of background, courts across the nation are split on whether a representative plaintiff can bring a Rule 23 class action concurrently with a collective action under the FLSA.  The circuits that have permitted the claims to proceed together have found that the underlying factual bases for the claims are identical and thus it would be neither convenient nor economical to relitigate the state law claims in state court.  The Middle District of Florida even recognized that some district courts within the Eleventh Circuit adopt this philosophy.

The plaintiffs in this case relied on a recent U.S. Supreme Court decision in Tyson Foods, Inc. v. Bouaphakeo, 136 S. Ct. 1036 (2016), which addressed a dual certified class from an Iowa District Court dealing with an Iowa wage payment statute along with the FLSA.  The Middle District of Florida, however, interpreted the Supreme Court decision as limiting its ruling so as to not rule on the propriety of a Rule 23 class proceeding simultaneously with a FLSA collective action when it stated:

The parties do not dispute that the standard for certifying a collective action under the FLSA is no more stringent than the standard for certifying a class under the Federal Rules of Civil Procedure.  This opinion assumes, without deciding, that this is correct.  For purposes of this case then, if certification of respondents’ class action under the Federal Rules was proper, certification of the collective action was proper as well.

The Middle District dismissed this as mere dicta by the Supreme Court.  Instead, the Middle District ruled that until the Eleventh Circuit holds otherwise, it would not permit class certification of a Rule 23 class action based on state wage statutes as well as a collective action based on overlapping FLSA claims, because the two were “mutually exclusive and irreconcilable” and would create confusion.

The future of dual filed class and collective actions is uncertain.  Nevertheless, it appears that circuits around the country will start pushing the Supreme Court to review a decision on this issue and resolve the split among the circuits.

 

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Photo of Stephanie L. Adler-Paindiris Stephanie L. Adler-Paindiris

Stephanie L. Adler-Paindiris is a Principal and the Co-Leader of the firm’s Class Actions and Complex Litigation practice group. Her practice focuses exclusively on the representation of employers at the trial and appellate level in state and federal courts facing class and collective…

Stephanie L. Adler-Paindiris is a Principal and the Co-Leader of the firm’s Class Actions and Complex Litigation practice group. Her practice focuses exclusively on the representation of employers at the trial and appellate level in state and federal courts facing class and collective actions as well as claims of discrimination, retaliation or whistleblowing activity on an individual basis.  She also appears regularly before administrative judges and agencies.

Ms. Adler-Paindiris has conducted over a dozen trials before juries and judges in state and federal courts. In addition, Ms. Adler has participated in arbitrations and administrative hearings before the Florida Division of Administrative Hearings as well as AAA and FINRA. Ms. Adler-Paindiris has successfully defended appeals before four Courts of Appeals and has been admitted to the U.S. Supreme Court.

Ms. Adler-Paindiris also provides on-going legal support and counsel on a daily basis for many of her clients. She routinely provides training to managers and supervisors in all areas of employment law, including but not limited to, supervisory training, sexual and racial harassment prevention, disciplinary practice, documentation policies, safety and disability management.

Ms. Adler-Paindiris is also the Co-Leader of Jackson Lewis’ Women’s Interest Network or “WIN” working with the firm’s women attorneys and clients to increase diversity and inclusion efforts both internally and with our clients.

Ms. Adler-Paindiris is active in her community supporting a number of organizations related to her five children. She is also passionate about volunteering her time and services to the Wounded Warrior Project and other organizations.