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 whether the landmark opinion applies to collective actions brought under the Fair Labor Standards Act (FLSA), 29 U.S.C. §
Fair Labor Standards Act
Supreme Court to Review Fifth Circuit’s Oil Rig “Day Rate” Case
In April 2020, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit held that paying an employee a set amount for each day that he works (i.e., on a “day rate” basis) does not satisfy the “salary basis” component required to qualify as overtime-exempt under the Fair Labor Standards Act (FLSA),
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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 individuals who did not work for the defendant employer within the state, were not hired in the state, or whose employment with…
Class Action Trends Report: A Look Back
For employers, 2021 was a challenging year. The post-election landscape, evolving federal and state law, and the effects of a seemingly endless global pandemic created a difficult business climate. Efforts to contain the spread of COVID-19 were met with stiff resistance — legal and otherwise; still, employers persist in earnest to maintain their operations safely…
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 nonresident company. Left unresolved by the Court was whether its decision, handed down in a mass tort action, applied to…
2020 Wage & Hour Developments: A Year in Review
The laws governing wages and hours of work affect nearly everyone—and have a significant affect on class and collective actions. How employees are paid, whether as hourly non-exempt, salaried-exempt, tipped, or commissioned sales workers, and how much they are paid, are questions of deep interest to employees and employers alike. And because the laws regulating…
Fifth Circuit Rejects Two-Step Approach for Certifying FLSA Collective Actions
The U.S. Court of Appeals for the Fifth Circuit has just issued an important decision addressing “how stringently, and how soon, district courts should enforce Section 216(b)’s ‘similarly situated’ mandate” when considering motions for certification of collective actions under the Fair Labor Standards Act (FLSA). The appeals court rejected the familiar two-step, conditional certification-followed-by-decertification approach…
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 unprecedented public health crisis recedes. In this issue, Jackson Lewis attorneys discuss the risks of WARN Act litigation…
Pandemic Necessitates Review of Donning and Doffing Policies
As federal and state safety and health guidelines in response to the COVID-19 pandemic call for extensive use of personal protective equipment (PPE) in the workplace, employers should give their policies on “donning and doffing” a fresh look. Pandemic-related reopening orders issued by state and local governments may include requirements that will require employers to…
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 petition for certiorari of a decision by the U.S. Court of Appeals for the Second Circuit…