Game Over: FLSA Collective Action Waivers Get Seal of Approval from Second Circuit

Ever since the Supreme Court’s 2011 decision upholding class action waivers in arbitration agreements, courts around the country have generally fallen into line and enforced such clauses against a variety of contractual challenges raised by plaintiffs in wage-hour and other cases.  But some District judges in the Second Circuit had been holdouts, finding various grounds to invalidate waivers notwithstanding the Court’s endorsement.

In a concise opinion issued August 9, a Second Circuit panel appears to have put such resistance to an end.  While predictions can be perilous, the case should resolve any remaining doubts about the enforceability of class/collective action waivers in arbitration agreements in the Circuit.

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