The Eleventh Circuit recently held that an arbitration agreement containing a waiver of an employee’s right to bring a collective action under the Fair Labor Standards Act is fully enforceable under the Federal Arbitration Act (FAA). Walthour v. Chipio Windshield Repair, No. 13-11309 (Mar. 21, 2014) (click here for a copy of the decision). This case should come as no surprise in light of Supreme Court decisions like Concepcion and Italian Colors. However, I believe that based on the history of the FAA’s enactment, the FAA was designed solely for commercial disputes, not employment disputes.