Eleventh Circuit Compels Individual Arbitration Of FLSA Claims, Finding Plaintiffs Have No Substantive Right To Proceed Collectively

On Friday, March 21, 2014, the Eleventh Circuit affirmed the dismissal of an FLSA putative collective action and compelled two employees’ claims to arbitration on an individual basis pursuant to the terms of an arbitration agreement.  The employees had argued that § 16(b) of the FLSA, which provides the mechanism for employees to pursue their claims on a class basis, creates a non-waivable substantive right to bring a collective action.

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