In Harrington v. Cracker Barrel Old Country Store, Inc., the Ninth Circuit ruled that, in FLSA collective actions, federal courts must evaluate personal jurisdiction before allowing notices to out-of-state employees in nationwide claims—a move that strengthens employers’ ability to challenge these cases.

Key Takeaways for Employers

• Jurisdiction matters: Courts must confirm jurisdiction before notifying out-of-state employees.

• Limited forum shopping: Plaintiffs face limits to filing in unrelated jurisdictions.

• Stronger grounds for employers: Employers can challenge out-of-state claims with no forum ties.
• Arbitration implications: Courts may notify employees under arbitration agreements.

In this episode of Employment Law This Week®, Epstein Becker Green attorney Courtney McFate describes the Harrington ruling and shares insights to help employers adapt and minimize costly lawsuits.

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