Christa Fischer, et al. v. Federal Express Corp., et al.
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 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.