Jurisdiction, Fair Labor Standards Act (FLSA), Out-of-State Employees

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

Epstein Becker & Green on 8/6/2025

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

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

BakerHostetler on 9/9/2024

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

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

Ogletree, Deakins, Nash, Smoak & Stewart,... on 9/3/2024

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

Employers with Out-of-State Employees: Method for Assessing Differences in Wage & Hour Obligations

Husch Blackwell LLP on 5/18/2022

In the last quarter of 2021, 69% of the 2.050 employees surveyed by Global Workplace Analytics and Owl Labs reported working remotely during the pandemic. One third of employees expressed a strong preference for continuing...more

Can Out-Of-State Opt-Ins Join A FLSA Class Action: First Circuit Decision Creates Split In Circuits, Signaling Possible Supreme...

Fox Rothschild LLP on 1/26/2022

There has, of late, been a lot of controversy over whether workers who live outside a State where a FLSA class action is being litigated can opt-in to that action. Different Circuits have ruled differently on this crucial...more

Two Federal Circuit Courts Throw Obstacles Up Against FLSA Class Action Certification: A Roadmap For Employers!

Fox Rothschild LLP on 8/31/2021

I read an interesting post in the Seyfarth Shaw blog about out-of-state employees and their ability to become part of a FLSA collective/class action. The FLSA allows individuals to bring suits claims for overtime violations...more