Mike Oakleaf, et al. v. Southwest Janitorial Service LLC

Summary

The United States District Court for the District of Kansas overruled as premature Mike Oakleaf’s unopposed motion to approve an FLSA settlement. The court held that a named plaintiff cannot settle claims on behalf of putative collective members before conditional certification, notice, and an opportunity for those members to opt in.

Holdings

1. A named plaintiff cannot settle claims on behalf of putative FLSA collective members who have not received notice of the action and opted in by giving written consent.
2. When parties seek to settle an FLSA collective action before conditional certification, they should ask the court to conditionally certify the proposed collective, preliminarily approve the settlement, and approve notice to putative collective members before the opt-in period and final approval process.

Questions Presented

1. Whether the court may approve an FLSA settlement purporting to resolve claims of putative collective members before conditional certification, notice, and opt-in consent.
2. What procedural steps parties should follow when attempting to settle an FLSA collective action before conditional certification.

Disposition

other