Employment Litigation
Wage and Employment Claims
Section 216(b) permits employees to proceed collectively where similarly situated. Members must file written consent to join, unlike Rule 23 classes where members are included automatically.
Certification standards have shifted in several circuits.
Alternative Names:
FLSA Collective, Section 216(b) Action
Why it Matters?
The opt-in requirement dramatically limits participation compared to a Rule 23 class, with typical participation rates well below what automatic inclusion produces. That difference is why plaintiffs frequently plead parallel state law claims under Rule 23, which captures the full workforce. Recent circuit decisions have tightened the similarly situated analysis, replacing lenient conditional certification with a more demanding preliminary showing.
Frequently Confused with
Related terms
Frequently asked questions
Why is participation lower than in a Rule 23 class?
Why plead parallel state claims?
