2nd Circ. Backs Arbitration For Blue Fish OT Claims

Law360, New York (February 7, 2011, 3:44 PM EST) -- The Second Circuit has upheld the dismissal of a commodity broker’s putative class action over Blue Fish Commodities Inc.’s pay practices, finding that the plaintiff is contractually bound to arbitrate the overtime dispute.

In a summary order Monday, the U.S. Court of Appeals for the Second Circuit rejected the plaintiff’s claims that the employment contract is unconscionable and otherwise incapable of forcing arbitration.

Appellant Anthony Arrigo filed suit in August 2009, alleging Blue Fish’s policy of paying account executives commissions deprived them of overtime compensation. Seven...
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