Ferriol v. Parrillada Las Vacas Gordas, Inc.

No. 15-20636-CIV, 2015 WL 1968848 (S.D. Fla. Apr. 30, 2015). Four restaurant employees sued their former employers in federal district court for alleged violations of the Fair Labor Standards Act and corresponding state law. The Firm represented the former employers and successfully compelled arbitration of all claims. During the course of their employment, the employees signed Arbitration Agreements, which required that “all employed-related disputes” that arose “at present and in the future” be submitted to binding arbitration. The employees argued that, because the Arbitration Agreements did not state that they applied retroactively, the arbitration provision could not be applied to claims that arose before they signed the Arbitration Agreements. The Firm countered that the Arbitration Agreements could be applied retroactively because they expressly applied to “all controversies, claims, or disputes . . . arising out of, relating to, or resulting from [the employees’] employment with the [employers].” The United States District Court for the Southern District of Florida agreed with the Firm, finding that an “arbitration agreement may be applied retroactively to transactions which occurred prior to execution of the arbitration agreement.” The Court compelled arbitration of all claims and dismissed the case.