Class Waivers Enforceable In FLSA Suits, 8th Circ. Finds

Law360, New York (January 7, 2013, 4:01 PM EST) -- The Eighth Circuit ruled Monday that nothing in federal wage-and-hour law precludes the enforcement of an arbitration agreement containing a class action waiver, sending a putative overtime collective action against nursing home operator Bristol Care Inc. to individual arbitration.

A three-judge panel overturned a lower court’ decision that an arbitration agreement signed by former Bristol Care employee Sharon Owen — who claims company administrators were deliberately misclassified as exempt from overtime pay — was invalid because the Fair Labor Standards Act provides for the right to...
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