And no, we’re not talking about cars, but about wage and hour cases in which plaintiffs assert an opt-in claim under the Fair Labor Standards Act, and a state-law wage and hour claim, which typically is an opt-out class action.

Class action defense counsel, at least, have argued for a long time that there is a basic incompatibility between collective action claims under the FLSA, which require individual plaintiffs to opt in to the litigation, and wage claims brought under state law, which generally are opt -out cases — meaning that everyone in the job classification at issue is part of the class unless they affirmatively choose not to be.