Over the past few years, federal courts have moved towards limiting the ways in which employees can join wage and hour lawsuits and inform one another of the existence of these lawsuits. For example, after Walmart Stores Inc. v. Dukes, 131 S. Ct. 2541 (2011), federal courts have become more hesitant to certify class actions in employment cases. Further, several courts have recently enforced the class action waivers imposed by employers and forced employees to seek to assert their rights in individual arbitration proceedings. However, the Fair Labor Standards Act’s opt-in mechanism is still alive and well, and employees are increasingly looking to social media for information on lawsuits and their rights as employees.
Class Actions More Difficult
