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Can a person have two FLSA lawsuits going on at the same time against two separate former employers. Please Help!

Houston, TX |

I am the Original Plaintiff in a pending FLSA Collective Action, where more than 20 Thousand other former workers have (OPT -IN) into my lawsuit. I happen to have another identical case against another / different former employer who I am also going to file a FLSA lawsuit against, but I want to know if it is wise to file the second lawsuit why the first one is still going on. Because, of what I learned from the first lawsuit, the Statute of Limitations have already started and each month that I wait to file counts against me. So can I have two FLSA lawsuits going on at the same time.

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Attorney answers 2


Yes, you can. You should coordinate with your attorney in the first case, of course.


Agreed, you may bring 2 separate FLSA cases against 2 separate employers. Moreover, you should not delay in filing the second case, as doing so could result in such claims being barred by the applicable statute of limitations. You should make sure that any lawyer you retain is of the lawsuit.

Legal Information is Not Legal Advice My answer provides information about the law based on the limited information provided in the questions asked and is not intended to provide legal advice or opinions, and does not constitute an attorney-client relationship. The answer to the question is for educational and informational purposes only. The law differs in each jurisdiction and may be interpreted or applied differently depending on the jurisdiction or situation. Accordingly, I highly recommend that you consult with an attorney to discuss the details of your problem so you can get legal advice tailored to your particular circumstances.



Do I have to use the same lawyers that are handling the first FLSA lawsuit. I am thin



I think I want different attorneys on the second case because my other lawyers got there hands full.

Eric Lechtzin

Eric Lechtzin


No, you are not required to have the same law firm represent you in both cases. Just make sure each firm is aware of the other and is able to coordinate efforts. My firm handles wage/hour cases all over the country. Feel free to call me.

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