Arbitration – Waiver of FLSA Rights
Dennis G. O'Hara
The Tenth Circuit Court of Appeals has held that an arbitration provision in an agreement to enroll a student in defendant’s for-profit educational and training program in massage therapy is unenforceable since it required plaintiff to waive her rights to recover reasonable attorneys’ fees and costs in an action under the Fair Labor Standards Act (“FLSA”). The enrollment agreement required the parties to arbitrate all disputes under the American Arbitration Association (“AAA”) Commercial
Saturday, January 30, 2016
