Partner Mark A. Shoffner and Associate Mason G. Jones are featured in The Texas Lawbook article “NDTX Enforces Arbitration Clauses Signed During Ongoing FLSA Litigation.” The pair represent Irving Holdings, Inc. d/b/a Yellow Cab, defendant in a Federal Labor Standards Act (FLSA) lawsuit brought by two former cab drivers. As detailed in the article, in late December 2020 a federal judge ruled that Irving Holdings can compel arbitration for a group of plaintiffs who tried to join the ex-driver’s collective action but had signed arbitration agreements after the litigation began.
Shoffner commented that the ruling provided clarity on an unusual fact pattern where there is little precedent, “There are very few instances in which arbitration agreements are going to be signed after litigation is filed,” but “if you act swiftly and efficiently in a way that’s not coercive or arm-bending to your workers, the court will still enforce arbitration agreements regardless of the timing of a lawsuit.”
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