SDNY.jpgAuthored by Patrick Bannon

Can an arbitration agreement preclude an FLSA collective action?  To the chagrin of many plaintiffs’ lawyers — and the National Labor Relations Board — a growing consensus says, “Yes.”  Last week, a President Obama-appointed federal judge in New York joined the chorus in Ryan v. JPMorgan Chase & Co., et al.

Tiffany Ryan, a former

Continue Reading Beating a Dead (D.R.) Horton?

USDCSDNY.jpgAuthored by Robert S. Whitman

Rejecting the views of the National Labor Relations Board and one of her colleagues on the bench, Judge Barbara Jones of the Southern District of New York has ruled that employees subject to arbitration agreements may be required to arbitrate FLSA claims, even though the agreements do not permit the claims to be pursued on

Continue Reading New York Judge Orders Arbitration Despite Waiver of Collective Action