Individual or Classwide? Determining How the MCA Exemption to the FLSA’s Overtime Rules Should Be Applied
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She thanks Michael T. Brody for his expertise and insight, as well as Matthew Makowski, Renic Sloan, Virginia Robinson, and the University of Chicago Law Review Online team.
In April of 2022, the Ninth Circuit, sitting en banc, handed down the latest decision in its “packaged tuna antitrust saga,” with implications that have the potential to usher in a sea change to class action practice.
I have authored amicus briefs on behalf of law professors of civil procedure, administrative law, and federal courts in several cases supporting veteran class actions, including Skaar v. McDonough. I’m grateful to Maureen Carroll, Helen Hershkoff, Alexandra Lahav, and David Marcus for thoughtful discussion and comments. I’d also like to thank the incredible team at the University of Chicago Law Review Online, including Anson Fung, Annie Kors, and Matthew Makowski.
For decades, veterans were one of the few groups that could not bring class actions when the federal government systematically mishandled their disability benefits.
Brian Fitzpatrick, Samuel Issacharoff, Daniel Rodriguez, Kevin Stack, and participants in faculty workshops at the University of Arizona and Vanderbilt provided helpful comments on earlier drafts. Kelly Walsh provided valuable research assistance.