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Abdullayeva v. Attending Home Care Services

Articles Discussing Case:

Second Circuit Sends Home Care Worker’s Putative Class Claims to Union Arbitration on an Individual Basis

Littler Mendelson, P.C. • July 05, 2019
On July 2, 2019, the U.S. Court of Appeals for the Second Circuit handed a significant victory to New York’s home care industry.1 In Abdullayeva v. Attending Home Care Services, the appellate court reversed a lower court’s decision denying Attending Home Care Services’ (“Attending”) motion to compel arbitration of the plaintiff’s putative class action complaint, and sent the plaintiff’s claims under the Fair Labor Standards Act, New York Wage Parity and New York Labor Law to arbitration on an individual basis. This decision will impact other home care employers in New York with similar arbitration provisions in their collective bargaining agreements.