Federal Judge Narrows Plaintiff Class in FLSA Suit
Covered in a September 8, 2025 article in Virginia Lawyers Weekly, a federal judge has narrowed the scope of a Fair Labor Standards Act (FLSA) lawsuit involving Pizza Hut delivery drivers, limiting the plaintiff class to Virginia-based employees due to jurisdictional constraints. The case centers on claims that drivers were under-reimbursed for vehicle-related expenses, effectively reducing their wages below minimum wage.
Woods Rogers attorney Anne Bibeau, who is not involved in the case, offered her insights on the ruling. She noted that the decision reflects a growing judicial trend to scrutinize nationwide collective actions more closely. “[Shamburg] includes a thorough analysis of personal jurisdiction issues that arise when plaintiffs attempt to bring collective action claims involving employees spread over numerous states.”
According to Anne, the decision “distinguishes Virginia’s out-of-state business registration statute [from] the Pennsylvania statute at issue in the U.S. Supreme Court’s Mallory v. Norfolk Southern Railway Co. decision.”
She also highlighted the practical implications for employers: “simply registering to do business in Virginia is not sufficient to subject a business to general personal jurisdiction here.”
The case continues to draw attention as it underscores the challenges of certifying broad collective actions under federal wage laws.
Team
Principal | Labor & Employment Practice Co-Chair
