In a recent win for employers, a three-judge panel of the U.S. Court of Appeals for the Fifth Circuit highlighted how companies can use “incorporation by reference” to enforce arbitration agreements against workers who did not sign the agreements.

Ford v. ConocoPhillips

Shawn Michael Ford, a safety consultant in the oil and gas industry, was hired by Bedrock PC 1009, LLC, a consulting firm that provides staffing services to ConocoPhillips. Mr. Ford sued ConocoPhillips under the Fair Labor Standards Act, claiming that he and other consultants were misclassified as independent contractors and that he should have received overtime pay for weeks in which he worked more than 40 hours. Mr. Ford did not sue Bedrock PC or its parent company, Bedrock Petroleum Consultants LLC.

The companies so

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