Can an Employee Waive His Right to Bring a Collective Action Under the FLSA? Depends on Which Court You Ask

Miller, Olivia

(January – February 2012, Employer Update)

The January-February 2012 issue of Weil's Employer Update is now available.

The issue contains articles on the following topics:

• The potential impact of the U.S. Supreme Court's decision in Wal-Mart v. Dukes on courts' treatment of expert disputes at the class certification stage;
• Conflicting case law on whether employees can waive their right to bring a collective action under the FLSA if they have signed an arbitration agreement that contains a class/collective action waiver;
• A recent decision of New York's Appellate Division, First Department, defining the applicable summary judgment standard for discrimination claims brought under the New York City Human Rights Law;
• The OFCCP's proposed regulation governing workers with disabilities, which could significantly increase burdens on federal contractors; and
• Cases interpreting California's "suitable seating" requirement.

As always, please contact the author of an article or your contact at Weil for more information.

The January-February 2012 issue of the Employer Update is available here.