FLSA Collective Action Waivers Violate NLRA, 2nd Circ. Told

Law360, New York (April 25, 2012, 5:24 PM EDT) -- Arbitration agreements that bar employees from pursuing collective actions under federal wage law violate the National Labor Relations Act, the National Employment Lawyers Association said Friday in a brief urging the Second Circuit to reject an appeal by Citigroup Inc.

The appeals court should affirm a November decision rejecting Citigroup's bid to compel arbitration of claims in an overtime suit brought on behalf of lending specialists, NELA's amicus brief says. That decision, from U.S. District Judge Robert Sweet, held that the right to proceed collectively under...
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