• Posts by Patrick G. Brady
    Member of the Firm
    | 973-639-8261

    An accomplished litigation attorney, Patrick Brady has worked extensively on complex FLSA/state wage and hour collective/class action and other employment-based class actions. He also represents employers in wrongful ...

    Full Bio | Contact Author | LinkedIn
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Can Defendants Obtain Discovery from Each “Party Plaintiff” in a Collective Action?
Categories: HEAL®: Health Employment and Labor
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Since 2000, the number of wage and hour cases filed under the Fair Labor Standards Act (“FLSA”) has increased by more than 450 percent, with the vast majority of those cases being filed as putative collective actions.  Under 29 U.S.C. § 216(b), employees may pursue FLSA claims on behalf of “themselves and other employees similarly situated,” provided that “[n]o employee shall be a party plaintiff to any such action unless he gives his consent in writing to become such a party and such consent is filed in the court in which such action is brought.”  Despite the prevalence of FLSA ...

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