No FLSA Friend Requests: Employees With Arbitration Agreements Can’t Get Notice

In welcome news for employers defending collective actions under the Fair Labor Standards Act (FLSA), the U.S. Court of Appeals for the Seventh Circuit recently joined the Fifth Circuit in holding that “[t]he court may not authorize notice to any employee whom the employer shows entered a valid arbitration agreement, unless the record reveals that nothing in the agreement would prohibit that employee from participating in the action.”