Camesi v. Univ. of Pittsburgh Medical Ctr.

Plaintiffs sued their employer on behalf of themselves and “similarly situated” individuals, alleging that the employer violated the Fair Labor Standards Act, 29 U.S.C. 201, by failing to ensure that they were paid for time worked during meal breaks. Notice was directed to potential collective-action members, and individuals opted into the lawsuit. FLSA collective actions are subject to “opt-ins,” unlike class actions under FRCP 23, under which those not wishing to be included must “opt out” after the class is certified. After preliminary discovery, the district court dismissed the claims of the opt-in plaintiffs without prejudice; at the request of the remaining plaintiffs, the court dismissed remaining claims with prejudice to enable appellate review. The Third Circuit dismissed an appeal for lack of jurisdiction, finding that the named plaintiffs lack final orders appealable under 28 U.S.C. 1291. Plaintiffs attempted to short-circuit the procedure for appealing an interlocutory order that is separate from, and unrelated to, the merits of the case. They could have obtained review of the decertification order by proceeding to final judgment on the merits of their individual or could have asked the trial court to certify their interlocutory orders for appeal. View "Camesi v. Univ. of Pittsburgh Medical Ctr." on Justia Law