Fourth Circuit Decision Allows Businesses to Avoid Collective Action FLSA Lawsuits Through Use of Arbitration Clauses
A driver for Shuttle Express, the popular transportation service for passengers going in and out of the Baltimore-Washington International Airport, sought to bring a collective action against the Company alleging violation of the Federal Labor Standards Act (“FLSA”). Relying on the Supreme Court’s April 2011 holding in AT&T Mobility LLC v. Concepcion, the Fourth Circuit foreclosed the driver’s federal lawsuit and compelled arbitration because he signed an arbitration clause in which he waived his right…