1st Circ. OKs Out-Of-State FLSA Opt-Ins, Creating Circuit Split

By Dorothy Atkins (January 13, 2022, 9:18 PM EST) -- A split First Circuit panel ruled Thursday that workers who live outside the state where a Fair Labor Standards Act collective action is being litigated can opt in and assert overtime wage violations, while a dissenting judge criticized the majority for unnecessarily weighing in and creating a precedent-setting circuit split.

In a 35-page opinion written by U.S. Federal Circuit Judge Timothy Belcher Dyk, who is sitting on the panel by designation, the majority affirmed a Massachusetts federal court's decision to deny a motion to dismiss filed by Day & Zimmermann, a Philadelphia-based power plant maintenance and construction company.

In affirming the...

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