Provencher v. Bimbo Foods Bakeries Distribution LLC

Summary

The Second Circuit reversed a district court ruling that it had personal jurisdiction over Fair Labor Standards Act claims asserted by potential plaintiffs residing outside Vermont. The court held that, because the FLSA does not authorize nationwide service of process, each opt-in plaintiff’s claim must satisfy the applicable personal-jurisdiction requirements, and the record did not establish a sufficient connection between the out-of-state claims and Vermont. The case was remanded for further proceedings.

Holdings

1. A federal district court may not exercise specific personal jurisdiction over FLSA claims of out-of-state potential opt-in plaintiffs merely because it has personal jurisdiction over similar claims brought by in-state plaintiffs. Personal jurisdiction must be established with respect to each claim asserted.
2. An FLSA collective action remains a collection of individual claims, and conditional certification or service of the original complaint on the defendant does not confer personal jurisdiction over claims later asserted by out-of-state opt-in plaintiffs.

Questions Presented

1. Whether a federal district court may exercise personal jurisdiction over FLSA claims asserted by potential opt-in plaintiffs who reside and worked outside the forum state when the court has personal jurisdiction over similar claims brought by in-state plaintiffs.
2. Whether the FLSA, Federal Rule of Civil Procedure 4(k), the Fifth Amendment, or the collective-action structure permits a district court to avoid claim-specific personal-jurisdiction requirements for out-of-state FLSA collective-action plaintiffs.
3. Whether the district court could conditionally certify the FLSA collective action and authorize notice to out-of-state potential plaintiffs without ensuring personal jurisdiction over their claims.

Disposition

reversed_and_remanded