Robinson v. J & K Admin. Mgmt. Servs., No. 15-10360 (5th Cir. 2016)Annotate this Case
Plaintiff, a former employee of J&K, filed suit claiming unpaid overtime wages. On appeal, defendants challenged the district court's order compelling collective arbitration of plaintiff's complaint. After disposing of preliminary arguments, the court concluded that the district court correctly applied Pedcor Management Co. Inc. Welfare Benefit Plan v. Nations Personnel of Texas, Inc. In Pedcor, the court concluded that a clause submitting any dispute in connection with the agreement included determinations of class or collective arbitration. In this case, the court concluded that section (g) of the arbitration agreement is unambiguous evidence of the parties' intention to submit arbitrability disputes to arbitration and that arbitration was properly compelled. Accordingly, the court affirmed the judgment. Arbitration of plaintiff's claims, including whether class procedures are permissible, should proceed as ordered with JAMS as the arbitral forum.