The Supreme Court has declined to grant review of a Sixth Circuit decision that cast significant doubt on the effectiveness of an employee’s waiver of Fair Labor Standards Act (FLSA) collective action rights. Last summer, the Sixth Circuit became the first federal appellate court to address an employee’s waiver of rights to participate in a FLSA collective action outside the context of arbitration. There, the court invalidated a collective action waiver in a severance agreement, which was a blow to employers. Although the Supreme Court’s denial of certiorari was without comment, it is likely the Court declined to hear the case because the Sixth Circuit’s decision arguably created no circuit split for the Court to resolve since it did not involve an employer’s attempt to compel arbitration.
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