Tag Archives: hybrid class actions

Are Courts Reining in Hybrid Class Actions?

by Michael Kun and Aaron Olsen

In recent years, some plaintiffs’ counsel bringing wage-hour claims have have made the strategic decision to bring “hybrid” class actions; that is, actions alleging both federal and state wage-hour claims.  These cases can cause logistical nightmares for the courts, and great benefits for plaintiffs, for two primary reasons: (1) the standard for certification of a class is differerent for federal and state claims, and (2) classes in federal claims are “opt in” classes while those for state claims are “opt out” classes.  Indeed, in bringing “hybrid” claims, plaintiffs may seek to take advantage of the lower threshold for achieving conditional class certification under the federal Fair Labor Standards Act (“FLSA”), only to later seek to take advantage of the Rule 23 requirement that one must affirmatively “opt out” of the class.  

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