Court compels arbitration of FLSA claims

Joel Rothman — Mon, 10 Aug 2009 02:37:08 +0000

In this Fair Labor Standards Act case, Nizar Ghidon and his co-workers at sued their employer, a car dealership, in federal court, claiming they were denied minimum wages and suffered retaliation when they complained.

The dealership moved to stay and compel arbitration based upon employment agreements with the plaintiffs that included arbitration clauses. The employees argued that FLSA claims can’t be forced into arbitration, and that employees can’t waive their rights to have FLSA cases heard in court.

Federal District Judge Kenneth A. Marra disagreed and ordered the plaintiffs’ cases to arbitration. To read the decision, click here. Ghidon, et al., v. Rick Case Hyundai, et al., No. 09-60088 (SD FL, 2009).

Employment Arbitration: Law and Practice By Paul Starkman, Gail Golman Holtzman, Donald J. Spero

For more comprehensive information and guidance on arbitrating employment claims, see Employment Arbitration: Law and Practice By Arnstein & Lehr partner and Employment Practice Group leader Paul Starkman, Gail Golman Holtzman, Donald J. Spero.

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Court compels arbitration of FLSA claims