United States Third Circuit

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Knepper v. Rite Aid Corp., 11-1684

In consolidated opt-out Fed. R. Civ. P. 23(b)(3) damages class actions based on state statutory wage and overtime laws that paralleled the federal Fair Labor Standards Act (FLSA), which suits alleged violations arising from the same conduct by the same defendant sued in a separate opt-in collective action under the FLSA at 29 USC section 216(b), the district court’s judgment granting the defendants' motion to dismiss on the pleadings is: 1) reversed, as a) purported "inherent incompatibility" with FLSA 216(b) actions does not defeat otherwise available federal jurisdiction over opt-out actions based on state law, and b) permitting the opt-out class action to proceed alongside the FLSA opt-in action would not violate the Rules Enabling Act; and 2) affirmed to the extent it held that the state laws were not preempted by the FLSA.

Appellate Information

  • Decided 03/27/2012
  • Published 03/27/2012


  • Scirica


  • United States Third Circuit


  • For Appellant:
  • Peter D. Winebrake, Patrick G. Brady

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