The Fifth Circuit’s October 4 decision in Reyna v. International Bank of Commerce, 2016 WL 5799283, has some valuable information for employers analyzing arbitration agreements with employees or facing Fair Labor Standards Act (FLSA) claims. In short: (1) if facing a FLSA class claim, consider moving quickly to enforce arbitration provisions before the class certification process begins; and (2) review your arbitration agreements to ensure they contain delegation clauses consistent with the one enforced in…
