Dan C. Getman , Michael J.D. Sweeney , Lesley Tse , Getman & Sweeney PLLC, New Paltz, NY; Rebecca M. Hamburg , National Employment Lawyers Association, San Francisco, CA, for Amici Curiae National Employment Lawyers Association, the National Employment Law Project, The Employee Rights Advocacy Institute for Law & Policy.
Before: WINTER, CABRANES, and STRAUB, Circuit Judges.
United States Court of Appeals, Second Circuit.
PER CURIAM:
The question presented in this appeal is whether an employee can invalidate a class-action waiver provision in an arbitration agreement when that waiver removes the financial incentive for her to pursue a claim under the Fair Labor Standards Act of 1938 ("FLSA"), 29 U.S.C. § 201, et seq. In light of the supervening decision of the Supreme Court in American Express Co. v. Italian Colors Restaurant, ___ U.S. ___, 133 S...
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