McLaughlin v. GlaxoSmithKline, L.L.C.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that “a waiver of a right to proceed collectively under the FLSA is unenforceable as a matter of law” given that “by agreeing to arbitrate a statutory claim, a party does not forgo the substantive rights afforded by statute”
• finding that legislative history supports the conclusion that collective action rights cannot be waived
• noting that the relevant question is whether plaintiffs and potential opt-in plaintiffs “were subjected to a common policy to deprive them of overtime pay when they worked more than 40 hours per week”
• holding the right to collective action cannot be waived
• “At this initial step, Plaintiffs need only provide ‘some factual basis from which the court can determine if similarly situated potential plaintiffs exist.’ ”
• “Courts within the Second Circuit typically grant this type of request when granting a motion for conditional certification of an FLSA collective action”

Source: CourtListener parenthetical corpus (CC0).