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Expert Analysis

A Strategy For Nixing FLSA Collective Actions After Filing

Law360, New York (April 24, 2015, 2:34 PM EDT) -- Arbitration agreements can be an effective tool to avoid a collective action under the Fair Labor Standards Act or a class action under similar state wage laws. In recent years, the U.S. Supreme Court has paved the way for employers to enter into enforceable arbitration agreements that include waivers of class and collective actions under the FLSA and similar state law claims. Additionally, a recent Eighth Circuit decision suggests that employers may be able to limit the impact of an FLSA collective action by implementing such a waiver even after the dispute arises....

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