Employers Gain as Second Circuit Restricts Out-of-State Plaintiffs from Joining FLSA Collective Actions
Takeaways Relying on the U.S. Supreme Court’s Bristol-Myers decision, the Second Circuit held in Provencher that out-of-state plaintiffs cannot join an FLSA collective action. The Second Circuit joins the solid majority of federal circuits in its holding. As a result, employers will be less vulnerable to nationwide collective actions in any jurisdiction where they are not incorporated and also do not have their principal place of business. Related link Provencher v. Bimbo Foods Bakeries Distrib. LLC Article The U.S. Court of Appeals for the Second Circuit has joined a growing number of federal circuits to hold that would-be opt-in plaintiffs from outside the state where the case is pending cannot join a collective action under Sec. 216(b) of the Fair Labor Standards Act (FLSA) unless the court has general jurisdiction over the employer. Provencher v. Bimbo Foods Bakeries Distrib. LLC , No. 24-3112-cv, 2026 U.S. App. LEXIS 12829 (2d Cir. May 4, 2026). The appeals court joins the...