California Appellate Tracker

Walsh v. Browne (9th Cir. 2021)

May 18, 2021

Following EEOC v. Waffle House Inc. (2002) 122 S.Ct. 754, this decision holds that the Secretary of Labor cannot be compelled to arbitrate his enforcement action under the Fair :Labor Standards Act even if the employees had agreed to arbitrate their claims against their employer. The FLSA expressly allows the Secretary to sue to obtain monetary relief for aggrieved employees but does not provide that the employees’ agreement to arbitrate their claims has any effect on the Secretary’s enforcement action.

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Walsh v. Browne (9th Cir. 2021)

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