United States Sixth Circuit

A conditional order approving notice to prospective co-plaintiffs in a suit under 29 U.S.C. section 216(b) is not appealable. An appeal from an order granting a motion by plaintiffs, former Wal-Mart assistant store managers (ASMs), to approve notice to advise certain ASMs recently employed by the retailer in a particular region of their rights under the Fair Labor Standards Act (FLSA) and to provide them an opportunity to opt into plaintiffs' lawsuit, is dismissed for lack of jurisdiction.

Appellate Information

• Decided 07/19/2006
• Published 07/19/2006

Judges

• Before:  BOGGS, Chief Judge;  and GIBBONS and GRIFFIN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Neal D. Mollen, Hastings, Janofsky & Walker, Washington, D.C., for Appellant.  Harry Ingleson II, Petoskey, Michigan, for Appellees.   ON BRIEF:  Neal D. Mollen, John P. Isa, Hastings, Janofsky & Walker, Washington, D.C., Judith M. Kline, Hastings, Janofsky & Walker, Los Angeles, California, for Appellant.  Harry Ingleson II, Petoskey, Michigan, John B. Ingleson, Murfreesboro, Tennessee, for Appellees.