Merrill Says FLSA Suit Should Be In Arbitration

Law360, New York (November 30, 2007, 12:00 AM EST) -- A suit filed against Merill Lynch Pierce Fenner & Smith Inc. by an employee alleging that the bank failed to pay its brokers for overtime should be thrown out because a contractual obligation requires Merrill brokers to arbitrate, the bank has claimed.

In a complaint response filed on Nov. 29 in the U.S. District Court for the Southern District of New York, Merrill asked a judge to toss the case on the grounds that the plaintiff, a Merrill securities broker, should have brought the suit to...
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