Authored by Robert Whitman
As expected, the Second Circuit this morning followed up last Friday’s decision in Sutherland by reversing the District Court in Raniere v. Citigroup Inc.. [here] The District Court in that case refused to enforce Citigroup’s class action waiver clause on grounds that “a waiver of the right to proceed collectively under the FLSA is unenforceable as a matter of law” and by invoking the “effective vindication doctrine.” In a Summary Order, the Second Circuit, “substantially for the reasons stated in Italian Colors and Sutherland,” reversed on both grounds and has now upheld the waiver.