Beating a Dead (D.R.) Horton?

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 assistant branch manager of JPMorgan Chase Bank, sued the bank for $9,000 in overtime pay under the FLSA.  She attempted to pursue the case as a collective action:  a case on her own behalf and “on behalf of all others similarly situated.” 

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