Plaintiff Nelson obtained an instructor position at Watch House International (Watch House) in Dallas, Texas. Before he started hiring, Nelson received an electronic copy of a staff manual. The manual included an arbitration agreement that stipulated that the parties agreed to resolve all disputes through mandatory mediation. In the arbitration agreement, it was also said: to Shockley v. PrimeLending, 18-1235 (8th Cir. July 15, 2019), the company was faced with a class action lawsuit under the Federal Fair Labor Standards Act (FLSA), filed by a former employee who stated that she and all others who were like them were not paid for all hours worked and overtime. The company immediately filed an application to impose the arbitration, arguing that the employee not only agreed to assert her rights, but also that she also agreed, under a delegation clause contained in the agreement, to settle the threshold issues related to the arbitration agreement, including whether her claims were adjudicated at trial. In fact, the company`s arbitration agreement specifically required the arbitration of FLSA claims that employees claim, included a class action renunciation, and delegated threshold issues with respect to enforcement to the arbitrator. It was therefore likely that the court would refer to the arbitration agreement, given the current favourable judicial climate with respect to the application of arbitration agreements. 13.
Estimates of mandatory arbitration coverage for minorities and women were calculated on the basis of publicly available data, as they were not measured directly in the survey. Adjustments in employment levels and percentage of female, African-American and Hispanic workers by sector are based on data provided in the Labor Force Statistics from the Current Population Survey (2017). A coverage rate was calculated by adding, in all sectors, the proceeds of the compulsory arbitration rate for the sector and the number of women or minority workers in the sector to calculate a total number of women or minority workers covered by compulsory arbitration, and then divided by the total number of women or minority workers.