What happened
On May 4, 2026, the U.S. Court of Appeals for the Second Circuit decided Provencher v. Bimbo Foods Bakeries Distribution LLC, No. 24-3112. The Second Circuit covers New York, Connecticut and Vermont.
Two Vermont delivery drivers sued Bimbo in federal court in Vermont. They said they often worked more than 40 hours a week without overtime pay because Bimbo classified them as independent contractors. They brought their federal claims as a collective action under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 216(b). In a collective action, other workers can join by filing a written consent. This is often called “opting in.”
The drivers asked the court to send notice of the case to similar drivers in Vermont, Connecticut and New York. The district court agreed. Bimbo appealed. Both Bimbo companies are incorporated in Delaware and have their main office in Pennsylvania.
The Second Circuit reversed. It held that a district court must check its personal jurisdiction before it conditionally certifies an FLSA collective action and approves notice. The court must have jurisdiction over the defendant for the claims of the workers who would get the notice. The court relied on the Supreme Court’s 2017 decision in Bristol-Myers Squibb Co. v. Superior Court and on Rule 4(k) of the Federal Rules of Civil Procedure. It noted that the FLSA does not provide for nationwide service of process. Nothing in the record connected the Connecticut and New York drivers’ claims to Vermont.
The court said it was joining the majority of circuits on this question. Those include the Third, Sixth, Seventh, Eighth and Ninth. It noted that the First Circuit has ruled the other way.
What it means for workers
The decision does not take away any worker’s right to minimum wage or overtime. It is about which court can hear a group case. Suppose a company is not based in the state where the case is filed. Workers from other states may not be able to join that case. Their claims may have to be filed in a different court.
Timing matters. Under 29 U.S.C. § 256, a worker who is not a named plaintiff starts his or her FLSA claim only by filing a written consent. Until then, the time limit keeps running. A worker who waits for a notice that never comes can lose part of a claim.
What it means for employers
Some companies are sued in New York, Connecticut or Vermont but are not based there. They now have appellate authority to oppose notice to workers in other states. The decision does not address the merits of a misclassification or overtime claim. It also does not stop separate cases from being filed in more than one state.
What to do now
Workers: do not assume a case filed in another state covers you. Keep records of your hours and pay. Ask a wage-and-hour lawyer where your claim can be filed and what deadlines apply.
Employers: if you face a collective action, check early whether the court has jurisdiction over out-of-state claims.
This summary is general information, not legal advice. Usher Law Group was not involved in this matter.
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