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ERVIN v. OS RESTAURANT SERVICES, INC.

No. 09-3029.

632 F.3d 971 (2011)

Deneene D. ERVIN, et al., Plaintiffs-Appellants, v. OS RESTAURANT SERVICES, INC., doing business as Outback Steakhouse, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 18, 2011.

Attorney(s) appearing for the Case

Douglas M. Werman, Attorney, Jamie G. Sypulski, Attorney (argued), Chicago, IL, for Plaintiffs-Appellants.

Jane M. McFetridge, Attorney, Jackson Lewis, Chicago, IL, Paul DeCamp, Attorney (argued), Jackson Lewis, Reston, VA, for Defendant-Appellee.

Kenneth J. Sugarman, Rudy, Exelrod, Zieff & Lowe, LLP, San Francisco, CA, Dean A. Romhilt (argued), Department of Labor, Fair Labor Standards Division, Washington, DC, for Amici Curiae.

Before FLAUM, WOOD, and HAMILTON, Circuit Judges.

WOOD, Circuit Judge.

In this appeal we consider whether employees who institute a collective action against their employer under the terms of the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 201 et seq. ("FLSA"), may at the same time litigate supplemental state-law claims as a class action certified according to Federal Rule of Civil Procedure 23(b)(3). The district court thought not; it rejected the plaintiffs' effort to proceed as a class under...

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