Tuesday, March 9, 2010

Waiver Of Collective FLSA Actions In Arbitration Approved

Daniel Schwartz/Connecticut Employment Lawyer reports on Pomposi v. GameStop, Inc., 2010 U.S. Dist. LEXIS 1819 (D.Ct. Jan. 11, 2010), in which Judge Bryant blessed an arbitration “agreement” that prohibited FLSA collective actions. In her decision, Judge Bryant distinguished In re American Express Merch. Litigation, 554 F.3d 300 (2nd Cir. 2009) on the ground that the claims at issue were not prohibitively expensive to litigate on an individual basis.

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