Citi Workers Ask 2nd Circ. To Junk Arbitration Agreement

Law360, New York (August 6, 2013, 8:40 PM EDT) -- Plaintiffs in an overtime suit against Citigroup Inc. told the Second Circuit on Tuesday that a National Labor Relations Board judge's recent ruling nixing an employer's arbitration policy supports their position that the right to bring a Fair Labor Standards Act collective action can't be waived.

Citigroup is appealing U.S. District Judge Robert Sweet's refusal to compel individual arbitration of the two named plaintiffs' claims in a collective action accusing the banking giant of misclassifying its home-lending specialists as exempt from the FLSA's overtime pay requirements.

On Tuesday,...
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