In an article published on Nov. 27, 2015 in Bloomberg BNA’s Class Action Litigation Report, E. Travis Ramey discusses collective action, which is the representative mass litigation procedure available to parties litigating under the Fair Labor Standards Act (FLSA) and the Age Discrimination in Employment Act (ADEA). Ramey explains the difference between class actions and collective actions, as well as Rule 23(f), which provides for permissive appeals of class-certification decisions. Rule 23(f) also applies to collective actions, and Ramey urges the Supreme Court to amend the rules to allow for permissive interlocutory review of a district court’s decision to grant or deny a request to certify a collective action. He argues that these two approaches to mass litigation, class action and collective action, are treated differently on a procedural basis.
Originally published in Class Action Litigation Report, 16 CLASS 1313 - November 27, 2015.
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