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- Title
COLLECTIVE DISAGREEMENT: THE UNEASY INTERACTION OF THE FLSA AND FRCP 4(K) AFTER BRISTOL-MYERS SQUIBB.
- Authors
Clarke, Ronahn
- Abstract
This article explores the inconsistent enforcement of the Fair Labor Standards Act (FLSA) in federal courts due to a disagreement over the interpretation of Federal Rule of Civil Procedure (FRCP) 4(k). The issue arises when out-of-state plaintiffs join collective actions under the FLSA. The circuit split centers around whether the Supreme Court's decision in Bristol-Myers Squibb applies to these actions. The author argues for amending the FLSA to allow for nationwide service of process to resolve the issue. The article also discusses the process and requirements for FLSA collective actions and the concept of personal jurisdiction after the Bristol-Myers decision. The circuit split highlights the need for further clarification from Congress or the Supreme Court.
- Subjects
BRISTOL-Myers Squibb Co.; WATERS, John, 1946-; FAIR Labor Standards Act of 1938 (U.S.); CLASS actions; DISTRICT courts; CLASS action settlements; CONSTITUTIONAL law; LEGAL judgments; SOCIAL Security (United States)
- Publication
Cornell Law Review, 2024, Vol 109, Issue 3, p735
- ISSN
0010-8847
- Publication type
Article