A fitness center issued an employee handbook that included a section providing that all employment-relatged disputes would

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A fitness center issued an employee handbook that included a section providing that all employment-relatged disputes would be “resolved only by an arbitrator through final and binding arbitration.” It specified that disputes under the Fair Labor Standards Act was among those subject to the mandatory arbitration policy and further stipulated that disputes could not be brought as class-actionsuits. A sales representative signed a form acknowledging that he had recceived the handbook. The acknowledgmetn reiterated that “if there is a dispute arising aout of my employment…I will subnmit it exclusively to binding and final arbitraiton…” The acknowledgment also stated that the terms of the handbook were subject to change: “I acknowledge that, except for the at-will employment, [the employer] has the right to revise, delete, and add to the employee handbook. Any such revisions to the handbook will be communicated through official written notices approved by the President and CEO…” The sales representative subsequently filed a lawsuit under the Fair Labor Standards Act, alleging that the company fiailed to provide required overtime pay. The fitness center sought removal of the lawsuit from court and an order to compel arbitration of the dispute. What should the court decide? Why? (Carey v. 24 Hour Fitgness, 669 F.3d 202 (5th Cir. 2012)).

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