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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!