Individual Arbitration of FLSA Claims: Second Circuit to Decide

Will the Second Circuit join six other circuits in holding that agreements to arbitrate FLSA claims on an individual basis -- and not on a class or collective basis -- are enforceable?  When -- if ever -- can a plaintiff avoid arbitration by claiming that arbitrating an individual FLSA claim would be economically infeasible?  Sutherland v. Ernst & Young LLP and Raniere v. CitiGroup, Inc., both scheduled for oral argument on March 20, 2103, will provide the answers.  This post addresses Sutherland; we’ll have a post on Thursday regarding Raniere and the oral argument in both cases. 

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