Fifth Circuit Enforces Arbitration Against FLSA Claimant Through Incorporation by Reference in Staffing Agreement

The Fifth Circuit vacated a district court's denial of arbitration in an FLSA suit brought by safety consultant Shawn Michael Ford against ConocoPhillips, holding that Ford's Master Consulting Agreement with staffing firm Bedrock PC incorporated by reference a Master Agreement for Support Services between Bedrock Petroleum and ConocoPhillips containing a mandatory arbitration provision. The panel rejected Ford's argument that the MSA could not be incorporated because it was executed by Bedrock Petroleum rather than Bedrock PC, finding that the MSA's definition of "Contractor Group" included Bedrock Petroleum's affiliates such as Bedrock PC.