FLSA; Second Circuit; collective action; arbitration agreements

SDNY.jpgCo-authored by Robert S. Whitman and Hayley E. Macon

Can the right to bring a collective action under the Fair Labor Standards Act (“FLSA”) be waived by an arbitration agreement? 

While we await the Second Circuit’s decisions in the appeals of two Southern District of New York decisions that said no to this question [here and here], employers that

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