The U.S. Court of Appeals for the Third Circuit, adding to a federal circuit split on the issue, has ruled that opt-in plaintiffs to Fair Labor and Standards Act collective actions must establish that their claims arise from the defendant’s minimum contacts with the forum state, not the entire country.

A former FedEx employee and Pennsylvania resident Christa Fisher filed a complaint against the company for allegedly misclassifying employees in her position as exempt under the FLSA, according to the Third Circuit’s precedential July 26 opinion in the case.

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