Laura Canaday, Individually and on Behalf of All Others Similarly Situated v. The Anthem Companies, Inc.
Arbitration ERISA DueProcess FifthAmendment WageAndHour Privacy ClassAction JusticiabilityDoctri
Whether a federal court has the authority, absent general personal jurisdiction over the defendant or the defendant's consent, to maintain a Fair Labor Standards Act collective action that includes opt-in plaintiffs who worked for the defendant outside the state where the court is located
QUESTION PRESENTED The Fair Labor Standards Act, 29 U.S.C. § 201 et seg., permits employees to sue for unpaid minimum wages and overtime compensation on “behalf of...themselves and other employees similarly situated.” 29 U.S.C. § 216(b). In these collective actions, similarly situated employees opt into the case by filing their “consent in writing” with the court. Id. The question presented is: Whether a federal court has the authority, absent general personal jurisdiction over the defendant or the defendant’s consent, to maintain a Fair Labor Standards Act collective action that includes opt-in plaintiffs who worked for the defendant outside the state where the court is located.