A Strategy for Nixing FLSA Collective Actions After Filing

Law360

Nathaniel M. Glasser, a Member of the Firm in the Labor and Employment practice, in the firm’s Washington, DC, office, authored an article in Law360, titled “A Strategy for Nixing FLSA Collective Actions After Filing.” (Read the full version — subscription required.)

Following is an excerpt:

Arbitration agreements can be an effective tool to avoid a collective action under the Fair Labor Standards Act or a class action under similar state wage laws. In recent years, the U.S. Supreme Court has paved the way for employers to enter into enforceable arbitration agreements that include waivers of class and collective actions under the FLSA and similar state law claims. Additionally, a recent Eighth Circuit decision suggests that employers may be able to limit the impact of an FLSA collective action by implementing such a waiver even after the dispute arises.