Second Circuit Enforces Agreement To Individual Arbitration and Rejects "Class Action As Substantive Right" Theory

As we reported yesterday, in the recent oral argument in Raniere v. CitiGroup, Inc., the Second Circuit seemed skeptical of an argument that has been picking up steam among FLSA plaintiffs trying to block enforcement of agreements to arbitrate on an individual basis.  The plaintiffs argument has been: You can’t force me to resolve my FLSA claim through individual arbitration -- that would deprive me of my substantive statutory right to file a collective action.

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