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SKIRCHAK v. DYNAMICS RESEARCH CORP.

Nos. 06-2136, 06-2180.

508 F.3d 49 (2007)

Joseph SKIRCHAK on behalf of himself and all others similarly situated; Barry L. Aldrich, on behalf of himself and all others similarly situated, Plaintiffs, Appellees/Cross-Appellants, v. DYNAMICS RESEARCH CORPORATION, Defendant, Appellant/Cross-Appellee.

United States Court of Appeals, First Circuit.

Decided November 19, 2007.

Attorney(s) appearing for the Case

David S. Rosenthal, with whom Carrie J. Campion, Jeffrey B. Gilbreth, and Nixon Peabody LLP were on brief, for Dynamics Research Corporation.

Martin J. Newhouse, Ben Robbins, and New England Legal Foundation on brief for New England Legal Foundation and Associated Industries of Massachusetts, amici curiae.

Shannon Liss-Riordan, with whom Hillary Schwab, Pyle, Rome, Lichten, Ehrenberg & Liss-Riordan, P.C., and Elayne N. Alanis were on brief, for Joseph Skirchak and Barry L. Aldrich.

John Roddy, Elizabeth Ryan, and Roddy, Klein & Ryan on brief for Public Justice, amicus curiae.

Before TORRUELLA, LYNCH, and HOWARD, Circuit Judges.

LYNCH, Circuit Judge.

At issue is the enforceability under Massachusetts law unconscionability doctrine of class action waivers (of Fair Labor Standards Act claims) contained in a company-imposed arbitration/dispute resolution program.

Two managers brought a class action suit against their former employer, Dynamics Research Corporation ("DRC"), for violations of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq., and the Massachusetts...

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