Arbitration of Wage Hour Claims Controversy Continues Unabated

The controversy over whether employees must arbitrate wage claims continues with full force. A federal judge has just sent to arbitration a claim by an employee that the Company violated the Fair Labor Standards Act by not paying him overtime pay. The Court found that the parties had “clearly and unmistakably” agreed that an arbitrator should decide whether the allegations are arbitrable. The case is entitled Smith v. Kellogg Co. et al., and was filed in federal court in the District of Nevada. Copyright: kzenon / 123RF Stock PhotoThe district judge granted a motion to compel arbitration. The Court found that the retail sales representative signed an employment agreement that contained a mandatory arbitration clause under the Judicial Arbitration Mediation Services rules, which leave the determination of arbitrability to the arbitrator. The judge noted several cases involving the issue of whether the sophistication of the parties matters in deciding whether a…

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