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Do all “similarly situated” employees have to participate in an FLSA suit if one employee decides to prosecute her employer?

April 26, 2017decides employee employees employer FLSA participate prosecute suit

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Do all “similarly situated” employees have to participate in an FLSA suit if one employee decides to prosecute her employer?

1 Answer

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No. Those employees “similarly situated” may file an FLSA suit together as a class action. However, if the employees win the suit, those employees who did not join in the suit would not be entitled to the benefits of any judgment. “Similarly situated” is a legal standard.