By: Andrew McKinley
Seyfarth Synopsis: Businesses with arbitration programs often oppose the issuance of notice in FLSA collective actions on the ground that many potential recipients have binding arbitration agreements precluding them from participating in a case. The majority of federal appellate courts have not yet addressed whether arbitration must be addressed before or after notice issues. The Sixth
Continue Reading Sixth Circuit Joins the Chorus of Appellate Decisions Requiring Arbitration to Be Assessed Before FLSA Notice Issues