Turning down a make-whole settlement offer was not a bar to the plaintiff’s moving for class certification on three claims – FLSA, Nevada wage-hour law, and breach of contract. The decision in Pitts v. Terrible Herbst sees no material distinction between class actions and collective actions, and rejects all of the employer’s arguments to the contrary. The US Court of Appeals for the Ninth Circuit is often viewed as an employee-friendly jurisdiction, and this opinion does nothing to dispel that image.

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