The judges Sifton and Garaufis misrepresented the law section 29 U.S.C.A. 216 (a, b, c, d). According to the labor law (FLSA), consent must be filed when the case was filed. However, on the case was filed against Harry Dorvilier and his corporation Harry’s Nurses Registry Inc, there was no consent that has been attached by plaintiffs attorneys nor plaintiffs. It is a clear violation and misrepresentation by the judges.

To read out the judgment, click here. 

According to the law stated above, A cause of action under the FLSA “shall be considered to be commenced on the date when the complaint is filed; except that in the case of a collective or class action … it shall be considered to be commenced in the case of any individual claimant—

(a) on the date when the complaint is filed, if he is specifically named as a party plaintiff in the complaint and his written consent to become a party plaintiff is filed on such date in the court in which the action is brought; or

(b) if such written consent was not so filed or if his name did not so appear—on the subsequent date on which such written consent is filed in the court in which the action was commenced. 29 U.S.C. § 256.

There was no consent filled in November 2007 when the case was filed by all the plaintiffs, particularly Claudia Gayle who has no valid identity to file a lawsuit in the US. Therefore, the case should be dismissed.