Kinney Shoe Corporation, a New York Corporation v. Bob W. Vorhes and John A. Wagner

Appellant Kinney Shoe Corp. (Kinney) takes this interlocutory appeal from a district court order permitting the sending of notice and consent-to-join forms to potential plaintiffs in a class action under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 216 (b). We reverse and remand.

Facts and Proceedings Below

Appellees Bob Vorhes and John Wagner filed this action against appellant Kinney, their former employer, for the recovery of minimum wages and overtime compensation allegedly owed them, and for additional amounts as liquidated and punitive damages and attorney’s fees. They proceeded on behalf of themselves and all other Kinney employees similarly situated pursuant to § 216(b). To date of the briefs, seven other employees have intervened or filed written consents-to-join as claimant parties in the action, as permitted under the FLSA.

Appellees moved the district court (1) to compel Kinney to provide the names and addresses of all full-time employees from February 27, 1970 (the date three years prior to the filing of the action) to date of the order, and (2) to' have the court prescribe the form and content of notice and consent-to-join forms to be sent to employees who had…