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Two’s Company, Three’s A Crowd: Three-Way Split Sets Stage for Supreme Court Review of FLSA Collective Actions

Collective actions are specific to the FLSA and the Age Discrimination in Employment Act, which incorporates by reference sections of the FLSA. Collective actions differ from class actions. In a class action, which is not limited to any particular statute or claim, an individual is included in the class by default but can opt out if they do not want to be included. In a collective action, to be included, an individual (always a current or former employee) must opt into the action. In other words, an individual must affirmatively join a collective action.

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