ANOTHER WIN FOR ARBITRATION OF FLSA CLAIMS ON AN INDIVIDUAL BASIS

Can an employee waive the right to pursue an FLSA overtime claim on a collective or class basis?  On January 7, 2013, another federal appellate court, the 8th Circuit Court of Appeals, answered “Yes.”  A link to the Court’s opinion is here.  The United States Courts of Appeals for the 3rd, 4th, 5th, 9th and 11th -- and now the 8th -- Circuits have all rejected employee challenges to agreements to arbitrate FLSA claims on an individual basis.

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