FLSA Collective Action Rights Can Be Waived: Citigroup

Law360, New York (February 22, 2012, 8:40 PM EST) -- A judge erred when he refused to compel arbitration in an overtime suit against Citigroup Inc. and held that an arbitration agreement couldn't waive the right to proceed collectively under the Fair Labor Standards Act, Citigroup told the Second Circuit on Tuesday.

Citigroup's brief said that the trial court — which on Nov. 22 denied its bid to compel arbitration of named plaintiffs Tara Raniere and Nichol Bodden's claims — had created two “unprecedented” rules that are out of step with both the FLSA and the...
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