Nothing in the record supported the district court’s personal jurisdiction over the claims of the Connecticut and New York distributors against Bimbo.
The Second Circuit joined the majority of its sister circuits in holding that a district court’s jurisdiction did not reach out-of-state plaintiffs’ FLSA claims against an out-of-state defendant that has been properly subject to the court’s jurisdiction with respect to similar claims advanced by in-state plaintiffs. After the plaintiffs filed a collective action under the FLSA, the district court determined that it had personal jurisdiction over potential plaintiffs who resided in Connecticut and New York. Relying on the Supreme Court’s decision in Bristol-Myers Squibb Co. v. Superior Court of California, the appeals court ruled that the district court could not similarly exercise personal jurisdiction over out-of-state plaintiffs’ FLSA claims (Provencher v. Bimbo Foods Bakeries Distribution LLC, No. 24-3112-cv (2d Cir. May 4, 2026)).
The plaintiffs in this action deliver baked goods for the employer, Bimbo Foods. On a typical day, they arrive at Bimbo’s Vermont warehouse, load their vehicles with Bimbo’s products, drive to Bimbo’s Vermont retailers, and stock the shelves there with those products. They routinely work over 40 hours a week but do not receive overtime compensation because Bimbo classifies them as independent contractors, not as employees.
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