George Hallak v. L3 Communications Corp.

MEMORANDUM

Plaintiffs appeal from the district court’s final judgment and orders dismissing their complaint with prejudice and without leave to amend. We affirm. Because the parties are familiar with the factual and procedural history of this case, we need not recount it here.

I

The district court did not err in concluding that the plaintiffs’ claims under the Fair Labor Standards Act of 1938 (“FLSA”), 29 U.S.C. § 201 et seq., are barred by the two-year statute of limitations on collective actions imposed by 29 U.S.C. § 255 (a). Plaintiffs argue that the statute of limitations for collective actions under the FLSA is not applicable because their suit was filed as a consolidated action, not a collective action.

The term “collective action” is not defined under the FLSA. Legislative history, however, “indicates that Congress intended the term to apply only to a representative action.” Gray v. Swanney-McDonald, Inc., 436 F.2d 652, 655 (9th Cir. 1971); see also id. (“The Conference Report states that a ‘collective action [is] an action brought by an employee or employees for and in behalf of himself or themselves and other employees similarly situated’ ”) (quoting H.R.Rep. No.…