Adkins v. Labor Ready, Inc

303 F.3d 496 (4th Cir. 2002)

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Nature of the Case

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Facts

Labor Ready (D) is a temporary employment agency. Temporary employees report to work at D and wait on the premises until jobs are assigned to them. When assigned to a job they travel to the job site with a work ticket, which the employer signs at the end of the day and whereupon their return to D they get immediate payment. Adkins (P) alleges that these practices violate the Fair Labor Standards Act and West Virginia’s Minimum Wage Payment and Collections Act. P sued in a class action. P contends that the employees were statutorily entitled to payment for their waiting time at D’s offices, the travel time between the office and the work location, and time spend undergoing training. P also contends that they were entitled to compensation for the cost of commuting to and from the job sites at $.35 per mile. Also, P alleges that the deduction for a cash payment is contrary to law. D filed a motion to compel arbitration based on the arbitration agreement that P and every other employee signed. Relying on the FAA, D argues that the arbitration agreement is valid and that P’s suit should be dismissed. The trial court agreed. This appeal resulted.