Conners v. Gusano's Chicago Style Pizzeria, No. 14-1829 (8th Cir. 2015)
Annotate this CaseAlleging illegal tip pooling Conners filed a collective action against her former employer (a restaurant) under the Fair Labor Standards Act, 29 U.S.C. 216(b). The employer then implemented a new arbitration policy that requires all employment-related disputes between current employees and the employer to be resolved though individual arbitration. The policy purports to bind all current employees who did not opt out; each employee received an opt-out form. Citing public policy, the district court declared the policy unenforceable insofar as it could prevent current employees from joining this collective action. On interlocutory appeal, the Eighth Circuit vacated, holding that former employees like Conners lack standing under Article III of the United States Constitution to challenge the arbitration agreement, which applied only to current employees.
Court Description: Civil case - Fair Labor Standards Act. Defendants' former employees lacked standing to challenge an arbitration policy which applied to current employees; because the former employees lacked standing, the district court was without jurisdiction to enjoin enforcement of the arbitration agreement; the district court's injunction is vacated and the case is remanded for further proceedings.
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