Parks
Parks v. Eastwood Insurance Services, Inc.
Opinion
Opinion
Taylor, J.
DENIAL OF APPLICATION TO PREVENT DEFENSE COMMUNICATIONS
On apparent first impression, the Court holds that, in a representative action for unpaid wages or overtime under the Fair Labor Standards Act, 29 U.S.C. § 216 (b), a defendant employer may communicate with prospective plaintiff employees who have not yet “opted in,” unless the communication undermines or contradicts the Court’s own notice to prospective plaintiffs.
I. BACKGROUND
The named Plaintiffs sued their employer for unpaid overtime wages under the Fair Labor Standards Act. They moved under 29 U.S.C. § 216 (b) to designate the case as a representative action and to give a Court-authorized notice to prospective plaintiffs. The Court granted the motion and ordered an appropriate notice.
Before the Court’s notice was sent, Defendant sent to its prospective plaintiff sales agent employees an internal memorandum about the case. In particular, Defendant advised employees they could contact Defendant’s general counsel to answer any questions they might have. The memo is attached as an Appendix.
Plaintiffs filed an application to stop Defendant from communicating with prospective plaintiffs, and to make Defendant pay for…