US Law Week May 2026 Circuit Split Review: Interstate Wage Suits

Out-of-state workers must navigate a lopsided rift in the circuit courts to figure out whether they can take part in mass actions against their employer.

The circuit split has favored corporations that operate across the country and aim to limit the size of wage-and-hour collective actions formed against them. It has also determined where workers face legal hurdles if they want to advocate for better pay under the Fair Labor Standards Act but live states away from their employer’s headquarters.

The divide is centered on the US Supreme Court’s 2017 decision Bristol-Meyers Squibb Co. v. Superior Court of California, ...