Did an employee just discover an “FMLA loophole” to arbitration agreements?!?

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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

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