United States Fourth Circuit

In case involving alleged violations of the FLSA for failure to pay overtime, order declining to vacate arbitration award which held that the "opt-in" class certification provision of the FLSA did not apply and that the arbitration proceedings were governed by the "opt-out" class certification provision of the AAA Class Rules is affirmed over claims that the court erred in failing to recognize that: 1) the arbitrator, in making the Award, had manifestly disregarded controlling legal principles; and 2) the arbitrator had exceeded the scope of his authority.

Appellate Information

• Decided 01/28/2008
• Published 01/28/2008

Judges

• Before MICHAEL and KING, Circuit Judges, and CATHERINE C. BLAKE, United States District Judge for the District of Maryland, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Kenneth Steven Geller, Mayer Brown, L.L.P., Washington, D.C., for Appellants.  Edward D. Sieger, Senior Appellate Attorney, United States Department of Labor, Washington, D.C., for Amicus Supporting Appellants.  Morris Reid Estes, Jr., Stewart, Estes & Donnell, Nashville, Tennessee, for Appellees.   ON BRIEF:  Robert P. Davis, David M. Gossett, Tamara S. Killion, Mayer, Brown, Rowe & Maw, L.L.P., Washington, D.C.;   John F. Dienelt, Scott McIntosh, DLA Piper Rudnick Gray Cary, L.L.P., Washington, D.C.;  Henry L. Parr, Jr., J. Theodore Gentry, Hannah Rogers Metcalfe, Wyche, BurGess, Freeman & Parham, P.A., Greenville, South Carolina, for Appellants.  Thomas J. Ervin, Kathryn Williams, P.A., Greenville, South Carolina;  Darrell L. West, Stewart, Estes & Donnell, Nashville, Tennessee;  Brian P. Murphy, Greenville, South Carolina, for Appellees.  Howard M. Radzely, Solicitor of Labor, Gregory F. Jacob, Deputy Solicitor, Nathaniel I. Spiller, Assistant Deputy Solicitor, United States Department of Labor, Washington, D.C., for Amicus Supporting Appellants.