United States Second Circuit

The district court's order denying defendant's motion to dismiss and to compel arbitration of plaintiff's putative class action brought by plaintiff-employee to recover overtime wages pursuant to the Fair Labor Standards Act (FLSA), is reversed and remanded, where: 1) The FLSA does not include a "contrary congressional command" that prevents a class-action waiver provision in an arbitration agreement from being enforced by its terms; and 2) in light of the Supreme Court's recent decision in American Express Co. v. Italian Colors Restaurant, 133 S. Ct. 2304 (2013), plaintiff's argument that proceeding individually in arbitration would be "prohibitively expensive" is not a sufficient basis to invalidate the class-action waiver provision at issue here under the "effective vindication doctrine."

Appellate Information

• Decided 08/09/2013
• Published 08/09/2013

Judges

• PER CURIAM

Court

• United States Second Circuit

Counsel