Law360, New York (June 15, 2012, 12:19 PM EDT) -- In Fisher v. Rite Aid Corp., Case Nos. 11-1684 & 11-1685, the U.S. Court of Appeals for the Third Circuit recently held that federal courts may permit "hybrid" cases that allege both opt-in collective actions under the Fair Labor Standards Act (FLSA) and Rule 23 opt-out class actions under parallel state wage and hour laws.
Although largely viewed as an adverse decision for employers, the Third Circuit's decision should benefit employers seeking to enforce arbitration agreements containing class or collective action waivers.
One of the arguments rejected by the Third Circuit was the assertion that permitting an opt-out class action to...
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