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Ninth Circuit Rejects Certification of FLSA Collective Action on Personal Jurisdiction Grounds
On July 1, 2025, the U.S. Court of Appeals for the Ninth Circuit vacated a district court’s preliminary certification of a Fair Labor Standards Act (FLSA) collective action, holding that district courts in the Ninth Circuit must assess whether each prospective opt-in plaintiff can satisfy personal jurisdiction requirements before being allowed to join an FLSA collective action. The decision has significant implications for FLSA collective action litigation against employers.
