Sun Coast Resources, Inc. v. Conrad, No. 19-20058 (5th Cir. 2020)
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Plaintiff brought an overtime claim under the Fair Labor Standards Act (FLSA) against Sun Coast in arbitration on behalf of a class of similarly situated employees. In a clause construction award, the arbitrator determined that the agreement clearly provides for collective actions.
The Fifth Circuit affirmed the district court's determination that the arbitrator had interpreted the arbitration agreement and that the arbitrator did not exceed his powers. In this case, Sun Coast forfeited its challenge to class arbitrability by not presenting it to the arbitrator at all and then by not presenting it in a timely manner to the district court. Finally, the court rejected Sun Coast's claim that deciding this case without oral argument would be akin to cafeteria injustice. Rather, the court stated that dispensing with oral argument where the panel unanimously agrees it is unnecessary, and where the case for affirmance is so clear, is not cafeteria justice—it is simply justice.
The court issued a subsequent related opinion or order on May 7, 2020.
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