Mike Oakleaf sued Southwest Janitorial Service LLC in the District of Kansas on October 31, 2024, alleging that the company misclassified him and similarly situated workers as independent contractors and failed to pay them overtime as required by the Fair Labor Standards Act. Oakleaf worked for Southwest Janitorial — which provides cleaning services for commercial businesses and government entities — from March to April of 2024.

The parties reached a deal, and Oakleaf filed an unopposed motion for approval. Under the proposed settlement, Southwest Janitorial would pay $250,000 into a fund to cover payments to potential collective members who opt in, notice and administration costs, a service award to Oakleaf, and attorney fees and litigation expenses. The proposed collective would cover all persons working for Southwest Janitorial Service LLC and classified as independent contractors at any point from October 30, 2021, through November 20, 2025.

There was one problem: no one had yet moved for conditional certification, and no putative collective member had received notice of the lawsuit or had an opportunity to opt in.

Judge Kathryn H. Vratil held that the motion was premature and overruled it. An FLSA lawsuit does not become a collective action unless, after notice, other plaintiffs opt in by giving written consent. A named plaintiff therefore cannot settle claims on behalf of putative collective members who have not yet received notice and opted in.

The court's footnote laid out the correct procedural path. When parties want to settle an FLSA collective action before conditional certification, they should file a single motion asking the court to conditionally certify the proposed settlement class, preliminarily approve the proposed settlement, and approve the proposed notice to putative class members. If the court grants that relief, it orders notice sent and sets an opt-in period. Once that period closes, the named plaintiff may move for final collective action certification and final settlement approval.

The ruling, issued April 7, 2026, leaves the parties free to refile using the proper sequence.