United States Second Circuit

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Cohen v. UBS Fin. Servs., Inc., 14-781

In a putative class action and collective action against a financial employer, asserting wage-and-hour claims under the Fair Labor Standards Act (FLSA), the district court's grant of defendants' motion to compel arbitration before the Financial Industry Regulatory Authority (FINRA) and order denying plaintiff's motion for reconsideration are affirmed where: 1) Rule13204 of the FINRA Code of Arbitration Procedure for Industry Disputes does not forbid FINRA members from enforcing pre‐dispute waivers of class and collective action procedures, and that plaintiff's individual claims are arbitrable before FINRA; and 2) any claim plaintiff may assert under California's Labor Code Private Attorneys General Act (PAGA) is time‐barred.

Appellate Information

  • Decided 06/30/2015
  • Published 06/30/2015

Judges

  • Jacobs

Court

  • United States Second Circuit

Counsel