News & Analysis as of

Fair Labor Standards Act (FLSA) Jurisdiction Employment Litigation

Epstein Becker & Green

Nationwide FLSA Lawsuits Just Got Harder—Here’s Why - #WorkforceWednesday® - Employment Law This Week®

This week, we examine a recent pivotal ruling by the U.S. Court of Appeals that could significantly influence how employers handle Fair Labor Standards Act (FLSA) collective actions. Nationwide FLSA Lawsuits Just Got...more

Jackson Lewis P.C.

Ninth Circuit Hands Employers Split Decision on Key Procedural Aspects of FLSA Collective Actions

Jackson Lewis P.C. on

A recent decision by the U.S. Court of Appeals for the Ninth Circuit hit a trifecta of important legal procedures affecting litigation of Fair Labor Standards Act (FLSA) collective actions. Harrington v. Cracker Barrel Old...more

McGuireWoods LLP

Ninth Circuit: Every FLSA Opt-in Claim Must Be Sufficiently Connected to Forum State

McGuireWoods LLP on

On July 1, 2025, the U.S. Court of Appeals for the Ninth Circuit, in Harrington v. Cracker Barrel Old Country Store, became the latest federal circuit to rule that the U.S. Supreme Court decision in Bristol-Meyers Squibb...more

Vedder Price

Ninth Circuit Weighs In On Circuit Split Involving FLSA Collective Action Jurisdictional Requirements

Vedder Price on

On July 1, 2025, the U.S. Court of Appeals for the Ninth Circuit joined the majority of federal appellate courts holding that courts must establish personal jurisdiction over the claims of each member of a collective action...more

Polsinelli

Ninth Circuit Confirms Bristol-Myers’ Rule Applies to Notice in FLSA Collective Actions

Polsinelli on

The Ninth Circuit has now joined a growing number of appellate courts holding that, in Fair Labor Standards Act (FLSA) collective actions, personal jurisdiction must be determined on a claim-by-claim basis when general...more

Perkins Coie

Ninth Circuit Clarifies FLSA Collective Action Certification and Jurisdiction

Perkins Coie on

Key Takeaways - - The Ninth Circuit reaffirmed the “near-universal” two-step process for managing FLSA collective actions. - The Ninth Circuit held that district courts are not required to conclusively determine...more

Carlton Fields

Florida Appeals Court Decisions Week of January 27 - 31, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Guevara v. Lafise - FLSA - Turner v. US Att’y Gen - immigration, derivative citizenship - USA v. Webster - statute of limitations, tolling by filing information - Insurance...more

Jackson Lewis P.C.

Seventh Circuit Stands Firm on Bristol-Myers Application: Employee Forum Shopping on Collective Actions Gets Harder

Jackson Lewis P.C. on

In its 2024 opinion in Vanegas v. Signet Builders, Inc., the U.S. Court of Appeals for the Seventh Circuit joined a growing number of federal circuits to hold that would-be plaintiffs from out of state cannot join a...more

Epstein Becker & Green

TikTok, the Clock Won’t Stop, and Cases Involving Court Jurisdiction Narrowly Focused - SCOTUS Today

Epstein Becker & Green on

As the snow has fallen on Washington, DC’s First Street over the past few days, the Supreme Court has begun to issue opinions in the current term....more

Dorsey & Whitney LLP

The Supreme Court Update - January 15, 2025

Dorsey & Whitney LLP on

The Supreme Court of the United States issued two decisions today: E.M.D. Sales, Inc. v. Carrera, No. 23-217: This case concerns the standard of proof that an employer must meet to show an exemption applies to the Fair...more

BakerHostetler

Seventh Circuit Decision Marks Win for Employers in FLSA Nationwide Collective Actions

BakerHostetler on

The U.S. Court of Appeals for the Seventh Circuit has delivered a significant win for employers by ruling that the Supreme Court’s 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of California applies to Fair...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Seventh Circuit Joins Third, Sixth, and Eighth Circuits in Limiting Exercise of Personal Jurisdiction in FLSA Collective Actions

On August 16, 2024, the Seventh Circuit Court of Appeals weighed in on whether out-of-state plaintiffs must satisfy personal jurisdiction requirements to participate in a collective action under the Fair Labor Standards Act...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Sixth Circuit Limits Exercise of Personal Jurisdiction in FLSA Collective Actions

On August 17, 2021, the Sixth Circuit Court of Appeals became the first federal appellate court to expressly rule on the application of the Supreme Court of the United States’ decision in Bristol-Myers Squibb Co. v. Superior...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Party of One: Collective Action Against Outback Steakhouse Denied due to Lack of Personal Jurisdiction

The U.S. District Court for the District of Massachusetts denied conditional class action certification in a case involving a front of house (FOH) manager suing Outback Steakhouse for unpaid overtime under the Fair Labor...more

Seyfarth Shaw LLP

Fifth Circuit Keeps the Horse Before the Cart: Arbitration to be Decided Before Conditional Certification

Seyfarth Shaw LLP on

Seyfarth Synopsis: In an important decision for employers seeking to enforce arbitration agreements and limit wage and hour exposure and related defense costs, the U.S. Court of Appeals for the Fifth Circuit reaffirmed that...more

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