Keep on Trollin’: Judge Rejects Employer’s Motion To Enjoin Plaintiff’s Social Media Blitz To Find Class Members

The old adage that there is “strength in numbers” is especially true in class actions and collective actions where the number of Plaintiffs is one of – if not the biggest – driver of an employer’s decision to continue to fight, or, explore possible settlement. This is especially so in collective actions under the FLSA where under 29 U.S.C. § 216(b), a collective action member must opt-in to the lawsuit before he or she will be bound. While at or near 100% of class members are effectively bound by a Rule 23 order, opt-in rates in most § 216(b) collective actions typically range from 10% to 30%.

To read this blog post click here