Eleventh Circuit Doesn't Waffle On Enforceability Of Arbitration Agreement

The Eleventh Circuit Court of Appeal found that an arbitration agreement entered into by a putative class representative and his eventual employer was enforceable even though the agreement was signed after the plaintiff filed his class action suit. The court found that the arbitration agreement included a valid delegation provision that evidenced the parties' intent to arbitrate all gateway issues of arbitrability. Accordingly, the court vacated the district court's denial of a motion to compel arbitration and remanded the case with instructions to compel arbitration.

Plaintiff, William Jones, applied for a job at a Waffle House in Florida in December 2014. As part of his application, he provided information that Waffle House used to conduct a background check. His application was rejected. In October 2015, he sued Waffle House in the U.S. District Court for the Middle District of Florida for violating the Fair Credit Report Act (FCRA) by failing to provide him with a