4th Circ. Won't Kick Applebee's FLSA Claims To Arbitration

By Adam Lidgett (June 10, 2020, 4:13 PM EDT) -- The Fourth Circuit has rejected restaurant operators' bid to force 72 current and former Applebee's workers to arbitrate their Fair Labor Standards Act minimum wage claims, unpersuaded that those particular workers gave up their right to sue in federal court.

A three-judge panel on Tuesday affirmed a lower court decision that denied a bid from Employee Resource Group LLC, Neighborhood Hospitality Inc. and WV Neighborhood Hospitality LLC to arbitrate the FLSA claims of former employee April Hill and 71 others who opted into the case. ERG employed Hill, while Neighborhood Hospitality has franchise licenses for Applebee's restaurants in West Virginia and...

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