David Opalinski v. Robert Half International Inc
677 F. App'x 738
3rd Cir.2017Background
- Defendants Robert Half International and Robert Half Corp. employed Plaintiffs Opalinski and McCabe as staffing managers and required signed employment agreements containing arbitration clauses.
- Plaintiffs sued in 2010 under the FLSA claiming misclassification and sought collective/class relief; Defendants moved to compel arbitration on an individual basis.
- The District Court compelled arbitration but left for the arbitrator to decide whether class arbitration was authorized; the arbitrator ruled class arbitration was available.
- Defendants moved under the FAA to vacate the arbitrator’s decision; the District Court denied vacatur and this Court initially held that the arbitrability of class claims is for courts to decide.
- On remand the District Court held the employment agreements did not authorize class arbitration and dismissed the action with prejudice; Plaintiffs appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Who decides whether class arbitration is available | Arbitrator should decide threshold arbitrability | Court should decide whether parties agreed to class arbitration | Court: precedent in this case requires the court, not arbitrator, decide class arbitrability |
| Whether the employment agreements permit class arbitration | Agreements' broad "any dispute" and statute-specific language, AAA incorporation, and contra proferentem support inferring consent to class arbitration | Silence on class arbitration (typical rule forbids inferring consent); AAA class rules postdate contracts; no textual basis to infer consent | Court: Agreements do not authorize class arbitration; dismissal with prejudice affirmed |
Key Cases Cited
- Stolt-Nielsen S.A. v. AnimalFeeds Int’l Corp., 559 U.S. 662 (Supreme Court 2010) (a party cannot be compelled to submit to class arbitration absent contractual basis)
- Quilloin v. Tenet HealthSystem Philadelphia, Inc., 673 F.3d 221 (3d Cir. 2012) (silence regarding class arbitration generally indicates prohibition)
- Oxford Health Plans LLC v. Sutter, 133 S. Ct. 2064 (Supreme Court 2013) (discussion on limits of inferring class arbitration from broad arbitration clauses)
- Green Tree Fin. Corp.-Ala. v. Randolph, 531 U.S. 79 (Supreme Court 2000) (jurisdictional context for appeals involving arbitration under the FAA)