Eric Magnus on Collective Actions

Another Circuit Rules Bristol-Myers Applies to FLSA Collective Actions, Bars Out-of-State Opt-Ins

The U.S. Court of Appeals for the Seventh Circuit joins a growing number of federal circuits to hold the U.S. Supreme Court’s 2017 decision in Bristol-Myers Squibb v. Superior Court, that sharply limited the use of nationwide...more

8/28/2024 / Bristol-Myers Squibb , Bristol-Myers Squibb Co v Superior Court of California - San Francisco County , CA Supreme Court , Collective Actions , Corporate Counsel , Fair Labor Standards Act (FLSA) , Mass Tort Litigation , Opt-In , Out-of-State Employees , Wage and Hour

Sixth Circuit Adopts New Standard to Decide Whether to Send Notice to Potential FLSA Opt-Ins

In a highly anticipated decision, the U.S. Court of Appeals for the Sixth Circuit has ruled it will not use the lenient, two-step procedure in deciding whether to authorize sending notice of a collective action to other...more

5/25/2023 / Arbitration Agreements , Class Action , Class Certification , Collective Actions , Fair Labor Standards Act (FLSA) , Opt-In , Similarly Situated , Wage and Hour

Chipping Away at Two-Step Conditional Certification in FLSA Collective Actions

A federal district court located within the jurisdiction of the U.S. Court of Appeals for the Fourth Circuit has adopted the heightened standard for certification of a collective action under the Fair Labor Standards Act...more

5/18/2023 / Age Discrimination , Class Action , Collective Actions , Conditional Certification , Employment Discrimination , Fair Labor Standards Act (FLSA) , Wage and Hour

U.S. Supreme Court Declines to Consider Whether Bristol-Myers Applies to Collective Actions

The U.S. Supreme Court has declined to settle the circuit split on whether its 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of Cal. applies to collective actions brought under the Fair Labor Standards Act...more

3/9/2023 / Bristol-Myers Squibb , Collective Actions , Corporate Counsel , Fair Labor Standards Act (FLSA) , Former Employee , Out-of-State Companies , Personal Jurisdiction

Bristol-Myers Decision Applies to Plaintiffs in FLSA Collective Actions, Third Circuit Holds

Since the U.S. Supreme Court’s 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of Cal., 137 S. Ct. 1773, limiting the scope of a court’s jurisdiction over out-of-state claims, federal courts have grappled with...more

8/2/2022 / Bristol-Myers Squibb , Bristol-Myers Squibb Co v Superior Court of California - San Francisco County , Collective Actions , Fair Labor Standards Act (FLSA) , FedEx , Over-Time , Personal Jurisdiction

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

Class Action Trends Report Fall 2020

As the COVID-19 pandemic continues to alter work lives in profound ways, employers are confronted with additional liability risks. The pandemic has created a wave of litigation that is unlikely to ebb until well after the...more

11/3/2020 / ABC Test , Administrative Law Judge (ALJ) , Class Action , Collective Actions , Coronavirus/COVID-19 , Corporate Counsel , Due Diligence , Fair Labor Standards Act (FLSA) , Furloughs , Hybrid Plan , Independent Contractors , Mitigating Factors , Remote Working , USERRA , Wage and Hour , WARN Act

The Meaning Of “Similarly Situated” Is Teed Up For SCOTUS

The U.S. Supreme Court has been asked to fill a gaping hole in our Fair Labor Standards Act (FLSA) jurisprudence: What, precisely, is meant by “similarly situated,” as set forth in 29 U.S.C. 216(b)? The request comes in a...more

9/15/2020 / Certiorari , Chipotle Grill , Collective Actions , Fair Labor Standards Act (FLSA) , SCOTUS , Similarly Situated , Wage and Hour