Westlaw News

6th Circuit says FLSA does not trump arbitration agreements, citing Epic ruling

A U.S. appeals court has ruled that class-action waivers in employee arbitration agreements are not trumped by workers’ rights to bring collective claims under the Fair Labor Standards Act, citing a recent U.S. Supreme Court decision that came to the same conclusion under federal labor law.

A unanimous three-judge panel of the 6th U.S. Circuit Court of Appeals on Wednesday rejected a former Kelly Services Inc call center employee’s claim that businesses cannot restrict workers’ rights to bring collective actions under the FLSA, reversing a federal judge in Detroit who refused to send wage-and-hour claims against the company to arbitration.

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