10th Circ. Nixes Arbitration In United Healthcare OT Suit

Law360 (September 17, 2020, 4:59 PM EDT) -- The Tenth Circuit overturned an order that sent a former United Healthcare employee's collective action for overtime violations into arbitration, finding the lower court should not have enforced the arbitration agreement without first deciding whether the employees actually agreed to it.

The unanimous panel ruling Wednesday reversed a New Mexico federal judge's order forcing Dana Fedor's collective action against United Healthcare into arbitration, finding the judge did not follow U.S. Supreme Court precedent that required her to decide whether the employees ever read or signed the agreement the company sought to enforce.

"Fedor's challenge to the 2016 arbitration policy must be...

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