In another notable case reported by the National Law Review, Bigger v. Facebook in the US District Court for the Northern District of Illinois, collective action was certified based on the Fair Labor Standards Act. The case includes complaints that Facebook did not properly pay overtime to specific employee groups.
The Court order requires that the counsel for the plaintiffs “send an approved notice of collective action to all potential class plaintiffs, including those who signed arbitration agreements that waived their right to bring or participate in class or collective litigation.”
Facebook is contesting the judge’s ruling. It has filed an appeal. Facebook argues that employees who waived their litigation rights in favor of mandatory arbitration should not be included in the class lawsuit. It claims that the District Court judge “improperly treats the arbitration agreements as presumptively invalid” which will increase the pressure to settle and expand the litigation. The US Court of Appeals for the Seventh Circuit has agreed to hear the Facebook appeal.
Another court the Fifth Circuit Court of Appeals considered the same issue in a February 19, 2019 ruling. It ruled, “contrary to the Illinois District Court, that plaintiffs should not be authorized to provide notice to putative class members who are not able to participate in the class proceedings because they have signed arbitration agreements containing class waivers.”
If the different appeals court reach different conclusions, then the case would likely be considered by the US Supreme Court.
At the California Law Offices of Stephen A. Danz and Associates, we’ve been fighting for employee rights for 40 years. This includes fighting for inclusion in class action lawsuits and fighting for overtime pay. If you’ve been denied your full benefits, in any way, call for help now. You can reach us at online contact form to schedule an appointment. Se habla espanol.or fill out our