Executive Summary: The Eleventh Circuit has affirmed a district court’s decision denying an employer’s motion to compel the arbitration of a Fair Labor Standards Act (FLSA) collective action, finding that the court’s decision was within its authority to manage such actions. The arbitration agreements supporting the motion to compel arbitration were signed after the FLSA collective action was filed. In denying the motion to compel, the district court held that the arbitration agreements were unconscionable and that there was a record of abuse in obtaining the agreements. See Billingsley v Citi Trends, Inc., 560 Fed Appx. 914 (11th Cir. 2014).
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