Martucci and Hansen: Navigating Court Concerns About QR Codes in FLSA Notices

Increasingly, plaintiffs seek to use QR codes to notify and sign up potential class members in Fair Labor Standards Act (FLSA) cases, but the practice has become favored in some courts and disfavored in others, according to Shook National Employment Litigation & Policy Chair Bill Martucci and Partner Steve Hansen. In an article in Law360 titled “Navigating Court Concerns About QR Codes in FLSA Notices,” Martucci and Hansen discuss the use of the technology and considerations for attorneys surrounding their use.  

 

While some courts have authorized the use of QR codes in FLSA notices, with stipulations, other courts have frequently denied requests to use QR codes, they say. Martucci and Hansen say that most federal jurisdictions lack case law precedent regarding the use of QR codes for FLSA notices, and courts are likely to address their use on a case-by-case basis.

 

“Although case law addressing their use in FLSA actions is still relatively limited, counsel proposing — or opposing — their use should be prepared to address the existing case law with respect to several judicial concerns,” they advise.