The Impact Of Fisher V. Rite-Aid: Part 2

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...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!