Sandoz v. Cingular Wireless LLC
Although, in theory, FLSA claim could become moot when purported representative of collective action receives offer that would satisfy his or her individual claim and no other plaintiffs have opted in, when FLSA plaintiff files timely motion for certification of collective action, that motion relates back to date plaintiff filed initial complaint; relation back is warranted only when plaintiff files for certification without undue delay.
Overtime Law Blog 