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Robinson v. J & K Administrative Management Services, Inc., 15-10360 (5th Cir. 03/17/2016)

Alternative Dispute Resolution Appellants J&K and Meyers appeal the district court's order to compel collective arbitration of Neffertiti Robinson's complaint for unpaid overtime wages. J&K entered into an arbitration agreement with each of its employees which included an arbitration provision. Robinson, a former J&K employee, sought arbitration for unpaid overtime wages under the Fair Labor Standards Act on behalf of himself and those similarly situated. When J&K failed to respond, Robinson filed a complaint for arbitration. The district court ordered the parties to arbitrate in accordance with Pedcor Management Co. In. Welfare Benefit Plan v. Nations Personnel of Texas, Inc., 343 F.3d 355 (5th Cir. 2003)., stating that the question of whether class arbitration was permissible should be decided by the arbitrator, and the agreement confirmed that such questions should be deferred to arbitration. J&K appealed arguing the parties' agreement was silent as to class arbitration, and the agreement applies only between the company and Robinson. The appeals court held that a clause submitting “any dispute in connection with the agreement” included determinations of class or collective arbitration. The parties contract provisions utilize similar language as it requires “claims challenging the validity or enforceability of” the agreement must be arbitrated. Therefore, the appeals court affirmed the district court's holding the parties intention to submit arbitrability disputes to arbitration and that arbitration was properly compelled. Robison v. J & K Administrative Management Services, Inc. U.S. Court of Appeals, 5th Circuit, No.: 15-10360, 03/17/2016

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Appeal from the United States District Court for the Northern District of Texas.

Before CLEMENT, GRAVES, and COSTA, Circuit Judges.

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