Strategies for Arbitrating FLSA Claims En Masse

February 15, 2023

Arbitration is now a regular part of most employment law practitioners’ practice. While some employers favor arbitration over court, others recognize that it is not a panacea, particularly when faced with individual filings en masse. This paper, prepared as part of a panel discussion, discusses the ins and outs of arbitrating individual arbitrations in large quantities. Perspectives range from an employee-side practitioner discussing keeping organized and strategically navigating the process; to management side counsel discussing the pros and cons of arbitrating claims individually; and an arbitration provider and a neutral discussing tips they have for effectively participating in the process.

“Strategies for Arbitrating FLSA Claims En Masse” was presented at the American Bar Association’s Labor and Employment Law Section Federal Labor Standards Legislation Committee Midwinter Meeting on February 15-17, 2023, by Clara Coleman (Nichols Kaster PLLP), Susan Eisenberg (Cozen O'Connor), Lisa A. "Lee" Schreter and Pierre Noebes (Littler Mendelson, P.C.), and Allen Waxman (CPR Institute).