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3rd Circuit Issues Practical Death Knell to Nationwide FLSA Collective Actions Involving Employers Not Subject to General Jurisdiction in Circuit

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On July 26, 2022, in a win for employers, the Third Circuit Court of Appeals issued a precedential opinion in Christa Fischer, et al. v. Federal Express Corp., et al, No. 21-1683, affirming a decision from the Eastern District of Pennsylvania that refused to allow two opt-in plaintiffs to join a putative collective action under the Fair Labor Standards Act (FLSA) because the proposed plaintiffs’ claims for unpaid overtime had no connection to Pennsylvania.

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