· 1/7/2013
Sharon Owen v. Bristol Care, Inc.
Citations
- 702 F.3d 1050
- 2013 WL 57874
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- determining that the FLSA did not set forth a “contrary congressional command” showing “that a right to engage in class actions overrides the mandate of the FAA in favor of arbitration”
- noting that plaintiff “identifies nothing in either the text or legislative history of the FLSA that indicates a congressional intent to bar employees from agreeing to arbitrate FLSA claims individually”
- explaining that this “conclusion is consistent with all of the other courts of appeals that have considered this issue and concluded that arbitration agreements containing class waivers are enforceable in FLSA cases”
- concluding “that arbitration agreements containing class waivers are enforceable in FLSA cases”
- describing decisions allowing waiver of FLSA collective action rights as “consistent with more than two decades of pro-arbitration Supreme Court precedent”
- finding class arbitration waivers enforceable for FLSA claims without engaging the procedural and substantive rights analysis that other courts have considered
Source: CourtListener parenthetical corpus (CC0).
Judges: Smith, Beam, Gruender
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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