Sixth Circuit Rejects Challenge to Mandatory Arbitration of FLSA Claim

In keeping with the Supreme Court’s holding in Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018), the Sixth Circuit has rejected a challenge to individual arbitration agreements in a Fair Labor Standards Act (FLSA) case.  In Gaffers v. Kelly Services., Inc., handed down on August 15, 2018, the Sixth Circuit held that individual arbitration agreements were not made unenforceable by the FLSA, thus disqualifying a number of potential plaintiffs.  No. 16-2210, slip op. at 2 (6th Cir. Aug. 15, 2018).  This decision also marks a further extension of the Epic decision, which held the National Labor Relations Act does not prevent the enforcement of individual arbitration agreements.  138 S. Ct. at 1619. Kelly Services, Inc. is an outsourcing and consulting company that includes among its services, “‘virtual'” call center support.  Gaffers, No. 16-2210, slip op. at 2.  The virtual call center allowed employees, like Johnathan…

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