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Hernandez v Colonial Grocers, Inc. (No. 2D11-3415)

Articles Discussing Case:

Arbitration Agreement Awarding Fees to Prevailing Party in FLSA Case Held Not Enforceable by Florida’s Second DCA

Ogletree Deakins • November 05, 2013
Florida’s Second District Court of Appeal recently held that an arbitration agreement was unenforceable in the context of a claim brought under the federal Fair Labor Standards Act (FLSA) when the agreement provides for an award of attorneys’ fees and costs to the prevailing party, contrary to the FLSA’s provision that only a prevailing plaintiff is entitled to an award of attorneys’ fees.