Seventh Circuit Establishes Class Notice Standard in Facebook Arbitration Dispute
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The United States Court of Appeals for the Seventh Circuit has established a class notice standard related to workers who sign arbitration agreements in a wage and hour dispute filed against social media giant Facebook. In Bigger v. Facebook, Inc., No. 19-1944 (7th Cir., January 24, 2020), a Facebook employee, Bigger, filed a putative class action lawsuit against Facebook in the Northern District of Illinois. According to Bigger, the company failed to provide her and other workers with overtime pay as required by the Fair Labor Standards Act (“FLSA”). Bigger also asked the court to authorize notice to a large group of proposed class members.
In response, Facebook filed a motion for summary judgment claiming Bigger was exempt from the FLSA’s wage and hour requirements. Facebook also claimed many of the proposed class members signed an agreement to arbitrate any claims against the company individually. The company did not, however, supply the court with proof regarding which proposed class members signed the collective action waiver. Over Facebook’s objections, the district court conditionally certified the class and authorized notice to each of the proposed class members. Facebook then filed an interlocutory appeal with the Seventh Circuit Court of Appeals.
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