MELISSA MCGREW, et al., PLAINTIFFS v. VCG HOLDING CORP., et al., DEFENDANTS, 244 F. Supp. 3d 580

Summary

HOLDINGS: [1]-Neither the FLSA or the NLRA prevented enforcement of defendant's arbitration clauses requiring arbitration of individual and class claims against it by plaintiffs asserting individual and class wage claims because neither statute expressed a congressional command against applying the Federal Arbitration Act; [2]-Plaintiffs' allegations that the agreements containing the arbitration clauses, called entertainment lease agreements, were unconscionable and unenforceable were based on the validity of their lease agreements as a whole, rather than the arbitration clauses specifically, so unconscionability had to be decided by the arbitrator; [3]-Cost and fee-shifting provisions were readily severable from the substantive provisions of the agreement, so even if those clauses were substantively unconscionable, the remainder of plaintiffs' agreements could be enforced.