The Mechanics of FLSA Notice
The recent order in Burkeen v. New Madrid Ambulance Dist., 2013 WL 880079 (E.D. Mo., March 8, 2013) is relatively unremarkable (the defendant didn’t really contest preliminary certification), but potentially useful in how it addresses some mechanical aspects of FLSA notice. In this putative FLSA action brought on behalf of EMTs seeking overtime pay, the defendant challenged the scope of employee information it was required to hand over to class counsel, the facilitation of class notice, and the contents of class notice. Judge Limbaugh ruled that:
The defendant must hand over putative class members’ names, addresses, phone numbers and e mail addresses (useful for contacting employees who have moved), and dates of employment, but not their locations of employment;
The defendant must post class notice in break rooms, but need not include class notice in pay stubs (because other forms of contact were adequate);
Class notice need not include a clause explaining that class members were free to select their own counsel or provide the contact information of the defendant’s counsel, but did require a provision explaining the potential legal obligations to which class members may be subject.