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  • Writer's pictureCharles Ash

3rd Circuit Holds Pennsylvania Federal Court Lacked Jurisdiction Over Out of State Workers

The United States Court of Appeals for the 3rd Circuit recently held that a Pennsylvania district Court lacked jurisdiction over the out of state employees who sought to opt into the FLSA Action pending in Pennsylvania. The debate over whether the United States Supreme Court's 2017 ruling in Bristol-Myers Squibb v Superior Court continues, as the 3rd Circuit becomes the third to rule in favor of the employers. To date, the 1st Circuit Court of Appeals is the only circuit to find in favor of employees on the matter, with the 6th and 8th Circuits reaching the same conclusion as the 3rd Circuit. Despite the split amongst the circuits, the United States Supreme Court recently declined to take up the issue.


Consequently, the Fed Ex workers seeking to join the Pennsylvania action will need to file their own cases in either the jurisdiction they worked for Fed Ex or the jurisdiction in which Fed Ex is headquartered. The case is Fischer v. Federal Express Corp, 3rd U.S. Circuit Court of Appeals, No. 21-1683.



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