Another District Court Allows “Hybrid” Class/Collective Acton to Proceed

Federal district courts outside of the Third Circuit continue to reject corporate defendants’ arguments that FLSA collective actions cannot proceed simultaneously with Rule 23 class action claims alleging violations of state overtime laws. Most recently, in Hendricks v. Total Quality Logistics, LLC, 1:10-cv-00649-SJD, Chief Judge Susan J. Dlott of the Southern District of Ohio refused to dismiss a class action claim under the Ohio Minimum Fair Wage Standards Act and, in so doing, regognized that requiring an FLSA plaintiff to commence a second lawsuit in order to pursue his state law class claim simply makes no sense.

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