Owen v. Bristol Care, Inc., No. 12-1719 (8th Cir. Jan. 7. 2013)
Articles Discussing Case:
Eighth Circuit Requires Arbitration of FLSA Claim and Rejects Board Decision in D.R. Horton
Ford & Harrison LLP • January 16, 2013
Executive Summary: The Eighth Circuit recently upheld the validity of a mandatory arbitration agreement containing a class action waiver and ordered the arbitration of an employee's collective action under the Fair Labor Standards Act. See Owen v. Bristol Care, Inc. (Jan. 7, 2013). In reaching this decision, the Court rejected the analysis of the National Labor Relations Board (NLRB) in D.R. Horton, Inc., which held that class action waivers violate employees' rights under the National Labor Relations Act (NLRA).
Class Action Waivers in Arbitration Agreements are Valid for Resolving FLSA Claims, Federal Court Rules
Jackson Lewis LLP • January 11, 2013
Nothing in the Fair Labor Standards Act indicates that employers or employees are barred from agreeing to arbitrate FLSA claims, the U.S. Court of Appeals for the Eighth Circuit has ruled in an important decision for employers around arbitration and class action waivers. Owen v. Bristol Care, Inc., No. 12-1719 (8th Cir. Jan. 7. 2013).