Brian Dismuke v. McClinton Energy Group, L.L.C.

PER CURIAM: * Brian Dismuke sued Tony McClinton (“McClinton”), McClinton Energy Group, L.L.C., and SWECO (“Defendant Companies”) 1 for unpaid overtime wages under the Fair Labor Standards Act. Dismuke appeals the district court’s order dismissing his claims, compelling arbitration, and denying class certification. He contends that McClinton, who signed the arbitration agreement on behalf of Defendant Companies, could not enforce the arbitration agreement because he was an independent liable employer. This argument is unpersuasive. The district court correctly reasoned that Dismuke’s claims arose from his employment relationship with the Defendant Companies. Moreover, his claims against McClinton were claims against the companies. See In re Merrill Lynch Trust Co. FSB, 235 S.W.3d 185, 190 (Tex. 2007) (holding that because claims against a Merrill Lynch broker “are in substance claims against Merrill Lynch, they must abide by their agreement to arbitrate those claims.”). Also, the arbitration agreement at issue contained a waiver prohibiting class ac *211 tions. This court is not compelled to reverse its holding that class action waivers in arbitration agreements are enforceable. D.R. Horton, Inc. v. NLRB, 737 F.3d 344, 362 (5th Cir. 2013). AFFIRMED. Footnotes [*] Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4. [1] Dismuke subsequently amended his complaint removing Defendant Companies and leaving only Tony McClinton, Individually and as Officer and Director of these companies, in the lawsuit.