Sixth Circuit Asked To Resolve District Court Split On Ohio Class And Collective Action Rules

On January 3, 2024, the defendant in Heppard v. Dunham's Athleisure Corporation filed an interlocutory appeal to the U.S. Court of Appeals for the Sixth Circuit, arguing that the U.S. District Court for the Eastern District of Michigan departed from precedent in holding that employees could pursue Ohio wage claims under federal class action rules, which require putative plaintiffs to opt out of such lawsuits.

According to the defendant, Dunham's Athleisure Corp., the Ohio Minimum Fair Wage Standards Act (OMFWSA), which governs minimum wage and overtime requirements in Ohio, contains a substantive requirement that potential plaintiffs affirmatively opt in to lawsuits seeking redress under that statute. If the Sixth Circuit decides to resolve this issue, it would provide clarity with regard to federal wage litigation under the OMFWSA.