Mia Farber on Collective Actions

North Carolina Federal Court Holds It Lacks Jurisdiction Over Claims Of Out-Of-State Opt-Ins

In the latest court ruling to address personal jurisdiction over out-of-state opt-in plaintiffs in Fair Labor Standards Act collective actions, a federal district court in North Carolina held that it lacked jurisdiction over...more

4/27/2022 / Bristol-Myers Squibb , Class Action , Class Certification , Collective Actions , Fair Labor Standards Act (FLSA) , Federal Rules of Civil Procedure , Jurisdiction , North Carolina , Opt-In

Appeals Court Creates Circuit Split on Whether Bristol-Myers Applies to Collective Actions

In its 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of Cal., the U.S. Supreme Court held that a state court could not exercise specific personal jurisdiction over nonresident plaintiffs’ claims against a...more

2/2/2022 / Age Discrimination , Appellate Courts , Bristol-Myers Squibb , Collective Actions , Fair Labor Standards Act (FLSA) , Federal Rules of Civil Procedure , Non-Residents , Opt-In , Personal Jurisdiction , SCOTUS

Build Back Better Act Update: Class Waiver Provisions Gone, Penalty Increases Remain

The Senate Committee on Health, Education, Labor, and Pensions has released its version of the Build Back Better bill and it does not contain the provision regarding class or collective action waivers in the version passed by...more

12/14/2021 / Arbitration Agreements , Class Action , Collective Actions , Fair Labor Standards Act (FLSA) , Independent Contractors , NLRA , Senate Committees

U.S. Supreme Court to Consider Whether Airline Ramp Worker Meets FAA Transportation Worker Exemption

Do an airline’s ramp workers qualify as “transportation workers” exempt from the Federal Arbitration Act (FAA)? The U.S. Supreme Court has granted an airline’s petition for review to resolve this question. Southwest...more

12/14/2021 / Arbitration Agreements , Collective Actions , Federal Arbitration Act , Interstate Commerce , SCOTUS , Southwest Airlines , Transportation Industry , Unpaid Overtime

Build Back Better Act Threatens Class and Collective Action Waivers

The U.S. House of Representatives on November 19, 2021, passed the Build Back Better Act (H.R. 5376), ambitious climate protection/social spending legislation that now awaits deliberation in the Senate. Tucked inside the...more

11/29/2021 / Arbitration , Chamber of Commerce , Class Action , Collective Actions , Epic Systems Corp v Lewis , Federal Arbitration Act , NLRA , Retaliation , Waivers

Fifth Circuit Rejects Two-Step Approach for Certifying FLSA Collective Actions

On “how stringently, and how soon, district courts should enforce [Fair Labor Standards Act] Section 216(b)’s ‘similarly situated’ mandate” when considering motions for certification of collective actions, the U.S. Court of...more

1/14/2021 / Collective Actions , Commercial Truck Drivers , Corporate Counsel , Fair Labor Standards Act (FLSA) , Independent Contractors , Wage and Hour