FLSA Class Action Waiver Debate Heats Up Post-Concepcion

Law360, New York (March 6, 2012, 9:33 PM EST) -- Whether employees can waive their right to bring a collective action under the Fair Labor Standards Act in light of the U.S. Supreme Court's landmark ruling in AT&T Mobility v. Concepcion is an unsettled but important issue that now faces the Second Circuit and could make its way to the nation's highest court, lawyers say.

Circuit courts have yet to provide guidance on what Concepcion — which said state laws that hold class action waivers unconscionable were preempted by the Federal Arbitration Act — means for...
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