Waters v. Day & Zimmermann NPS, Inc., No. 20-1997 (1st Cir. 2022)
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The First Circuit affirmed the decision of the district court denying Day & Zimmerman's (D&Z) motion to dismiss this lawsuit for lack of personal jurisdiction, holding that there was no error.
Plaintiff filed suit in the United States District Court for the District of Massachusetts against D&Z, a company incorporated in Delaware that maintained its principal place of business in Pennsylvania, seeking overtime wages pursuant to section 216(b) of the Fair Labor Standards Act, 29 U.S.C. 201-219. Plaintiff alleged that D&Z failed to pay him and other similarly situated employees and former employees their FLSA-required overtime wages. D&Z moved to dismiss for lack of personal jurisdiction, citing Bristol-Myers Squibb v. Superior Court of California (BMS), 137 S. Ct. 1773 (2017) and claiming that the claims subject to the motion to dismiss could not be brought in a Massachusetts federal court. The district court denied the motion, thus declining to extend BMS's personal jurisdiction requirements to FLSA cases brought in federal court. The First Circuit affirmed, holding that the district court did not err in denying D&X's motion to dismiss the nonresident opt-in claims for lack of personal jurisdiction.
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