Legal Opinion

Skirchak v. Dynamics Research Corp.

Court of Appeals for the First Circuit

Decided November 19, 2007No. 06-2136, 06-2180PublishedCited by 45 opinions

1Opinion of the Court

LYNCH, Circuit Judge.

At issue is the enforceability under Massachusetts law unconscionability doctrine of class action waivers (of Fair Labor Standards Act claims) contained in a company-imposed arbitration/dispute resolution program.

Two managers brought a class action suit against their former employer, Dynamics Research Corporation (“DRC”), for violations of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq., and the Massachusetts Minimum Fair Wage Law, Mass. Gen. Laws ch. 151, § 1 et seq.

The company moved to compel arbitration under its newly adopted Dispute Resolution Program…

2Cases cited45 opinions

  1. Moses H. Cone Memorial Hospital v. Mercury Construction Corp.Supreme Court of the United States · 1983
  2. Mitsubishi Motors Corp. v. Soler Chrysler-Plymouth, Inc.Supreme Court of the United States · 1985
  3. Gilmer v. Interstate/Johnson Lane Corp.Supreme Court of the United States · 1991
  4. John Wiley & Sons, Inc. v. LivingstonSupreme Court of the United States · 1964
  5. Green Tree Financial Corp.-Alabama v. RandolphSupreme Court of the United States · 2000

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3Cited by45 opinions

  1. Awuah v. Coverall North America, Inc.Court of Appeals for the First Circuit · 2009
  2. Soto-Fonalledas v. Ritz-Carlton San Juan Hotel Spa & CasinoCourt of Appeals for the First Circuit · 2011
  3. Ashley Walthour v. Chipio Windshield Repair, LLCCourt of Appeals for the Eleventh Circuit · 2014
  4. Combined Energies v. CCI, INC.Court of Appeals for the First Circuit · 2008
  5. Álvarez-MauráS v. Banco Popular of Puerto RicoCourt of Appeals for the First Circuit · 2019

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