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Federal Rules of Civil Procedure Fair Labor Standards Act (FLSA) Opt-In

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

Sixth Circuit Asked to Resolve District Court Split on Ohio Class and Collective Action Rules

On January 3, 2024, the defendant in Heppard v. Dunham’s Athleisure Corporation filed an interlocutory appeal to the U.S. Court of Appeals for the Sixth Circuit, arguing that the U.S. District Court for the Eastern District...more

Kohrman Jackson & Krantz LLP

Sixth Circuit Creates New Standard for Certification Process in FLSA Collective Actions

The United States Court of Appeals for the Sixth Circuit recently made a significant decision regarding the certification procedure for collective actions under the Fair Labor Standards Act (FLSA). In the case of Clark v. A&L...more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

Fisher Phillips

Federal Appeals Courts Add to Employers’ Confusion by Disagreeing on Whether to Dismiss Out-of-State Plaintiffs in FLSA Collective...

Fisher Phillips on

Over the past several years, many federal courts have weighed in on whether a key Supreme Court decision requires them to dismiss non-resident opt-in plaintiffs in federal wage and hour collective actions, and there is now...more

Jackson Lewis P.C.

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

Jackson Lewis P.C. on

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

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