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Day & Zimmermann Loses Jurisdiction Appeal Over FLSA Collectives

Jan. 13, 2022, 9:18 PM

Day & Zimmermann NPS Inc. can’t exclude out-of-state workers from a proposed Fair Labor Standards Act overtime collective action filed in Massachusetts, a divided First Circuit ruled Thursday.

Although the FLSA doesn’t provide for nationwide service of process, the District of Massachusetts still has personal jurisdiction over Day & Zimmermann because the company was properly served in accordance with federal rules and the state’s long-arm statute, the the appeals court said.

The U.S. Supreme Court’s ruling in Bristol-Myers Squibb Co. v. Superior Court addresses the Fourteenth Amendment’s due process limits on a state court’s ability to exercise personal jurisdiction over ...

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