XTO Energy Gets FLSA Wage Collective Limited to In-State Workers

Sept. 23, 2021, 7:07 PM

XTO Energy Inc. won its bid to keep out-of-state employees from joining a would-be nationwide overtime lawsuit filed in New Mexico when a federal judge said a U.S. Supreme Court jurisdictional ruling applies to the Fair Labor Standards Act collective action.

The U.S. District Court for the District of New Mexico lacks personal jurisdiction over plaintiffs who don’t reside in the state, Judge William P. Johnson said Wednesday.

The Sixth Circuit recently held that the Supreme Court’s 2017 Bristol-Myers Squibb Co. v. Superior Court decision, which limited where companies could be sued in state-court mass actions, applies to FLSA collectives. ...

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