Third Circuit· 3/27/2012
Knepper v. Rite Aid Corp.
Citations
- 675 F.3d 249
- 2012 WL 1003515
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that “[n]either § 216(b) nor any other FLSA provision addresses causes of action for relief under state employment law”
- recognizing potential tension between opt-in FLSA collective actions and opt-out Rule 23 state-law class actions
- describing the “thousands of [ ] FLSA suits seeking back pay for ‘portal-to-portal’ violations ... [n]early all [ ] filed ... by unions”
- noting Section 216(b) “explicitly limits its scope to the provisions of the FLSA, and does not address state-law relief’
- finding De Ascencio distinguishable on its facts and noting that other Courts of Appeals found similarly
- noting that the amendment “banned what it termed ‘representative actions’”
Source: CourtListener parenthetical corpus (CC0).
Judges: Scirica, Rendell, Smith
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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