Abdullayeva v. Attending Homecare Services, LLC, No. 18-651 (2d Cir. 2019)Annotate this Case
The Second Circuit reversed the district court's denial of Attending's motion to compel arbitration in an action under the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL).
The court held that the arbitration clause mandated arbitration of the relevant claims and did not deny due process to Attending's employees. In this case, the union agreed to mandatory arbitration in the collective bargaining agreement on behalf of its members and the arbitration agreement here clearly and unmistakably encompassed the FLSA and NYLL claims. Furthermore, the challenged portion of the arbitration clause, which simply specified with whom arbitration will be conducted in accordance with established Supreme Court precedent, did not violate due process.