Balderas v. 8 Chelsea Corp.

Balderas v. 8 Chelsea Corp.

Opinion

MEMORANDUM OPINION AND ORDER

VALERIE CAPRONI, United States District Judge:

Plaintiff Vidal Balderas has sued his former employer for violations of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq., and the New York Labor Law ("NYLL"), N.Y. Lab. Law § 190 et seq. See Compl., Dkt. 1. Defendants have moved to compel arbitration and to dismiss or stay the action, pursuant to the Federal Arbitration Act ("FAA"), 9 U.S.C. § 1 et seq. See Notice of Mot., Dkt 24. For the following reasons, Defendants' motion to compel arbitration is GRANTED, subject to a modification to the Arbitration Agreement's cost-sharing provision. This action [*2]  is STAYED pending arbitration.

BACKGROUND

Plaintiff alleges that he worked as a dishwasher for Defendants, a chain of restaurants and its owners, between March and September 2018. See Compl. ¶¶ 6-13, 27. On June 4, 2018, Plaintiff signed an agreement with Defendant 8 Chelsea Corp. to "resolve by final and binding arbitration any and all disputes, claims, or controversies of any kind or nature" that could arise against Defendants.¹ See Rodriguez Decl., Dkt. 25, Ex. B (the "Arbitration Agreement" or the "Agreement"). The Agreement states in relevant part:

1. Claims Subject to Arbitration. [Plaintiff] and [Defendants] mutually agree [to] resolve by final and binding arbitration any and all disputes, claims, or controversies of any kind or nature ("Claims") that could be brought in a court including but not limited to such matters arising from, related to or in connection with . . . your employment relationship with [Defendants].

. . . .

Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.