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Second Circuit Joins Majority View Limiting Nationwide FLSA Collective Actions
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Second Circuit Joins Majority View Limiting Nationwide FLSA Collective Actions
On May 4, 2026, the Second Circuit joined the Third, Sixth, Seventh, Eighth, and Ninth Circuits in holding that a district court may not authorize notice to out-of-state potential opt-in plaintiffs in an FLSA collective action unless the court has personal jurisdiction over the defendant with respect to those workers’ claims.In Provencher v. Bimbo Foods Bakeries Distribution LLC, the plaintiffs, two Vermont delivery drivers, alleged that Bimbo m…
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