Did An Employee Just Discover An "FMLA Loophole" To Arbitration Agreements?!?

Grab your pearls for clutching, and let's get into this recent federal court decision to find out.

Last week, I talked about how having a signed arbitration agreement is generally a prerequisite to requiring an employee to arbitrate employment claims against the company.

If you have a signed arbitration agreement, you're on pretty solid footing because the Federal Arbitration Act allows a party to petition any federal district court for an order directing arbitration in the manner provided in the agreement. Indeed, the FAA strongly evidences a public policy preference for arbitration.

But suppose one of your employees decides to pursue a class action lawsuit in federal court alleging violations of the Family and Medical Leave Act. The FMLA prohibits employer interference with employee FMLA rights. It also contains a right of action for class action suits. Might this be the kind of right with which an employer cannot interfere?