Class action and collective action lawsuits are both important tools for plaintiffs with common complaints against the same defendant. Both types of lawsuits allow plaintiffs to do essentially the same thing in terms of the rights they can win for plaintiffs, but with one distinct difference.
In class actions, all the potential plaintiffs that can be identified are automatically included in the class unless they opt out. By contrast, collective actions require potential class members to submit a valid claim in order for them to be included in the lawsuit. Each type of lawsuit has its own procedural rules but, according to the Eleventh Circuit Court, the filing of one type of lawsuit does not invalidate a lawsuit of the other kind, even if both were filed by the same plaintiffs.
Four sheriff’s deputies in Lee County, Florida filed a collective action against their sheriff, Michael Scott, for allegedly requiring them to work overtime without properly compensating them for the extra hours they worked. The collective action alleges Scott violated the federal Fair Labor Standards Act (FLSA) by refusing to pay the proper overtime compensation of one and one-half times their normal hourly rate when they worked more than 40 hours a week. Continue reading