FedEx Security Workers Get Limited Collective Status in OT Suit

December 24, 2020, 7:27 PM UTC

Federal Express Corp. must face a certified Fair Labor Standards Act collective of security specialists on claims that they were cheated out of overtime pay, a federal judge in Pennsylvania ruled.

But the shipping giant convinced Judge John M. Gallagher to apply the U.S. Supreme Court’s 2017 Bristol-Myers Squibb Co. v. Superior Court jurisdictional ruling and restrict collective membership to only those employees who worked for FedEx in Pennsylvania.

No federal appeals court has addressed whether the Bristol-Myers case, which limited where companies could be sued in state-court mass actions, applies to FLSA collective actions, though, and trial courts are ...

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