Welcome to FLSA forum shopping. The US Supreme Court has ducked a chance to clarify whether a federal court – in an FLSA collective action – has jurisdiction over claims arising in another state. Circuit courts are split. About 50 district courts are split about 50-50.

After Christa Fischer filed an FLSA collective action against Fed Ex in federal district court in Pennsylvania, other employees from other states opted in. However, the 3rd Circuit held that the district court had no jurisdiction over the claims arising outside of Pennsylvania. Fischer v. Federal Express, 42 F.4th 366 (3rd Cir 2022).

Fischer petitioned the Supreme Court for certiorari, pointing out that Circuit courts were split 3-1 and district courts split 26-24. But the Court denied certiorari on March 6, 2023.

We can now expect plaintiffs to shop around for the most favorable circuit, which, for now, is the 1st Circuit.