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KUBALA v. SUPREME PRODUCTION SERVICES, INC.

No. 15-41507.

830 F.3d 199 (2016)

Ted L. KUBALA, Jr., Individually and on Behalf of All Other Similarly Situated, Plaintiff-Appellee, v. SUPREME PRODUCTION SERVICES, INCORPORATED, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Filed July 20, 2016.

Attorney(s) appearing for the Case

Michael A. Josephson , Fibich, Hampton, Leebron, Briggs, Josephson, L.L.P., Richard J. Burch , Matthew Scott Parmet, Esq. , Bruckner Burch, P.L.L.C., Houston, TX, David L. Rumley , Wigington Rumley Dunn & Ritch, L.L.P., Corpus Christi, TX, for Plaintiff-Appellee.

Nolan Cornelius Knight , Daniel D. Pipitone , Munsch, Hardt, Kopf & Harr, P.C., Dallas, TX, Tracy L. McCreight , Munsch Hardt Kopf & Harr, P.C., Austin, TX, for Defendant-Appellant.

Before HIGGINBOTHAM, SMITH, and OWEN, Circuit Judges.

Ted Kubala brought a proposed Fair Labor Standards Act ("FLSA") collective action against his employer, Supreme Production Services, Incorporated ("Supreme"). After the action was filed but, according to Supreme, before it had learned of the suit, the company announced a new policy requiring employees to arbitrate...

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