Opt-in structures require affirmative consent to participate. The Fair Labor Standards Act collective action is the principal example, requiring written consent filed with the court.
Participation rates are substantially lower than in opt-out classes.
Alternative Names:
Opt-In Collective, Collective Action
Why it Matters?
The opt-in requirement dramatically reduces participation, with FLSA collectives typically drawing a small fraction of the eligible workforce compared to the near-total inclusion of opt-out classes. That difference makes wage and hour collective exposure far smaller than a Rule 23 class covering the same employees, which is why plaintiffs frequently plead both FLSA collective and state law Rule 23 claims in the same action.
Frequently Confused with
Related terms
Frequently asked questions
Why is participation lower in opt-in classes?
Why plead both structures?
