Mclaughlin v. Liberty Mutual Insurance Company

224 F.R.D. 304 (2004)

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Nature of the Case

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Facts

Ps were employed by Liberty (D) as Auto Damage Appraisers. Ps allege that they are owed overtime pay and seek to recover that pay under the Fair Labor Standards Act, 29 U.S.C. §§ 207 et seq (FLSA), and under Massachusetts law. The claim under the FLSA has been aggregated with that of other employees of P using the opt-in provision under federal law. Ps now seek to aggregate their Massachusetts law claim by certifying a class action under Fed. R. Civ. P. 23(b)(3).