In an a consolidated employment action seeking wages for unpaid overtime work under the Fair Labor Standards Act, 29 U.S.C . section 201 et seq., and the North Carolina Wage and Hour Act, N.C. Gen. Stat. section 95-25.1, the district court's dismissal of defendant's motion to compel arbitration is affirmed where the defendant's employee handbook, which expressly stated its contents did not constitute a binding contract, was insufficient to demonstrate that plaintiff had agreed to arbitrate any claims. The court also dismissed defendant's petition for permission to appeal the district court's class certification order under F.R.C.P. Rule 23(f) as untimely.