[authors: Rebecca Hirschklau and Eric Raphan]
On December 4, 2012, Southern District of New York District Judge Barbara S. Jones, granted a motion to compel arbitration on an individual basis in a class and collective action brought pursuant to, among other things, the Fair Labor Standards Act (“FLSA”) in Cohen v. UBS Financial Services, Inc., Docket No. 12 Civ. 2147 (BSJ)(JLC).
The plaintiffs, five current and former California resident Financial Advisors of defendant UBS Financial Services, Inc. (“UBS”), asserted class and collective action claims against UBS for alleged violations of the FLSA, the California Labor Code and the California Unfair Competition Law. UBS moved to compel arbitration, pursuant to Federal Arbitration Act, 9 U.S.C. Section 1, on the grounds that the plaintiffs signed arbitration agreements during the course of their employment with UBS wherein they each agreed that:
any disputes between you and UBS including claims concerning compensation, benefits or other terms or conditions of employment . . . or any other claims whether they arise by statue or otherwise, including but not limited to, claims arising under the Fair Labor Standards Act . . . or any other federal, state or local employment . . . laws, rules or regulations, including wage and hour laws, will be determined by arbitration . . . . By agreeing to the terms of this Compensation Plan . . ., you waive any right to commence, be a party or an actual putative class member of any class or collective action arising out of or relating to your employment with UBS.
The plaintiffs opposed...
