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Labor & Employment — FLSA – Civil Practice – Joinder – Collective Action

Regan v. City of Charleston (Lawyers Weekly No. 002-059-15, 7 pp.) (Patrick Michael Duffy, J.) 2:13-cv-03046; D.S.C.

Holding: In this collective action under the Fair Labor Standard Act, five plaintiffs attempted to opt in shortly after the court-established deadline. At this early stage, the city is not prejudiced by the one-month delay, and the addition of these five individuals will not disrupt the discovery process.

The court grants plaintiffs’ motion for leave to file late opt-in consent to join forms.

If the court were to deny plaintiffs’ motion, the five potential plaintiffs might still be able to institute separate actions against the city, and any such separate action might ultimately be consolidated with the case sub judice. Accordingly, the consequences of denying joinder would likely be the same.

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