The Employer’s Wage and Hour Advisor

Large multi-state collective actions continue to be filed under the federal Fair Labor Standards Act (“FLSA”). In addition, with the increase of remote work, more and more employers are employing workers outside of the companies’ home states. This has resulted in relatively new questions about the reach of a court’s jurisdiction over out of state employers. For example, if a Michigan employee sues a New York employer for overtime in Michigan, can other employees located outside of Michigan join the lawsuit? Does the Michigan federal district court have personal jurisdiction over out of state employees when the employer is located in New York? The federal Circuit Courts of Appeals are divided on the issue.