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Article: For whom the filing tolls - beware of hidden traps: time limitations and court supervision in class actions under the FLSA and the ADEA: plaintiff's counsel who make class allegations should cover themselves at the outset of the case by filing consents of the named plaintiffs with the complain.(Fair Labor Standards Act)(Age Discrimination in Employment Act of 1967)
- Article from:
- Florida Bar Journal
- Article date:
- January 1, 2002
- Author:
CopyrightCOPYRIGHT 2002 Florida Bar. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Generally an attorney is justified in believing that any statutory time limitation on the filing of an action is tolled when the complaint is filed with the clerk of court. This belief may not be justified where the complaint is filed pursuant to the Fair Labor Standards Act (FLSA) (1) or the Age Discrimination in Employment Act (ADEA). (2) If the complaint contains an allegation that the suit is being brought on behalf of individuals in addition to the named plaintiffs, events subsequent to the filing of the complaint potentially can prevent the tolling of the limitations. Additionally the limitation period may still be running for those "unnamed" other individuals. (3)
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