Arbitration clauses offer one way to derail worker collective actions

Lawyers’ Forum

By Joseph M. Gagliardo and Darin Williams

Joseph M. Gagliardo and Darin Williams are lawyers at Laner Muchin Ltd.

Posted March 3, 2020 3:03 PM

According to the 7th U.S. Circuit Court of Appeals in Bigger v. Facebook Inc., 947 F.3d 1043 (7th Cir. 2020), valid arbitration agreements or summary judgment against the named plaintiffs may prevent class notices from being sent to employees who would otherwise be putative class members in collective action lawsuits.Former Facebook employee Susie Bigger filed a collective action lawsuit against Facebook in the U.S. District Court for the Northern District of Illinois alleging that she was misclassified as ineligible for …

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