Littler Lightbulb – March Employment Appellate Roundup

This Littler Lightbulb highlights some of the more significant employment and labor law developments at the U.S. Supreme Court and federal courts of appeal over the last month.

At the Supreme Court

  • Out-of-State Plaintiffs in FLSA Collective Actions. On March 6, 2023, the U.S. Supreme Court denied a petition to review Fischer v. Federal Express Corp., 42 F.4th 366 (2022), an FLSA collective action in which the Third Circuit upheld the district court’s refusal to allow individuals who worked for the defendant outside the forum state to opt in to the lawsuit. In so doing, the Court declined to settle the circuit split on whether its decision in Bristol-Myers Squibb Co. v. Superior Court of Cal., 137 S. Ct. 1773 (2017), a product liability action in which the Court limited the scope of federal court jurisdiction over out-of-state claims, applies to collective actions under the FLSA.

By Mark A. Flores via Littler News

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