Employment & Labor Law
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Prickett v. DeKalb County
17 Fla. L. Weekly Fed. C25a (11th Cir. November 5, 2003)
The lower court awarded summary judgment to the county on all three claims brought by the class under the Fair Labor Standards Act for overtime pay. The appellate court affirmed the dismissal of the first two claims, but remanded the third claim to the district court. On remand, summary judgment was again awarded to the county, this time because the opt-in plaintiffs were not parties to the third claim, because they had not filed a new consent form after the original complaint had been amended to add that claim. On appeal, the court held that conclusion was not supported by the reading of the statute or the applicable case law. The plain language indicates that plaintiffs do not opt-in as to specific claims, but as to the action as a whole. Further, the language of the consent forms indicated that plaintiffs consented to have the named plaintiffs adjudicate all of their claims for overtime compensation under the FLSA, not merely the claims then specified in the complaint. The court remanded the case for further proceedings.
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