ND Texas Compels Would-Be FLSA Class Action to Arbitration

The Northern District of Texas has accepted a United States Magistrate Judge’s findings, conclusions, and recommendation that a putative class action lawsuit filed pursuant to the Fair Labor Standards Act (“FLSA”) be submitted to arbitration.  In Rogers v. Epic Health Services, Inc., No. 3:13-CV-1752-O, (N. D. Tex.,  September 17, 2013) the court granted Epic Heath Services, Inc.’s (“Epic”) motion to compel arbitration in a one page order.

In the case, Joshua Rogers worked at Epic as a Client Services Coordinator.  As a condition of his employment, Rogers signed a Mutual Agreement to Arbitrate Claims (“Agreement”).  After leaving the company, Rogers filed a lawsuit alleging he was improperly categorized as an exempt employee and forced to work more than 40 hours per week without overtime compensation in violation of the FLSA.  Rogers also sought to file his case on behalf of a class of similarly situated unnamed workers.  Epic responded to the lawsuit by filing a motion to compel arbitration pursuant to the provisions of the Agreement.

Rogers failed to dispute the validity of the Agreement, did not contest that the claims at issue fell under the scope of the Agreement, and failed to demonstrate any relevant statute or public policy that would make his claims non-arbitrable.  Because of this, the Magistrate Judge found that the case should be dismissed pending arbitration.  The Northern District of Texas agreed and ordered the putative class action to arbitration.