The US Supreme Court granted certiorari to decide "Does the arbitration-specific requirement that the proponent of a contractual waiver defense prove prejudice violate this Court's instruction that lower courts must 'place arbitration agreements on an equal footing with other contracts?' AT&T Mobility LLC v. Concepcion, 563 U.S. 333, 339 (2011)."

The case is Morgan v. Sundance Inc (US Supreme Ct cert granted 11/15/2021) [Briefs]

Oral arguments will be scheduled at a later time.

The 8th Circuit reversed the district court's denial of the employer's motion to compel arbitration of Morgan's FLSA claims. Morgan v. Sundance, Inc. [Opinion]

The employer waited 8 months after Morgan filed her claims to file its motion to compel arbitration under a written arbitration agreement. During that time, the employer answered without asserting a right to arbitration, participated in a settlement conference, and filed a motion to dismiss, which the district court denied after taking it under advisement for 4 months. The 8th Circuit held the employer did not waive its right to arbitrate because its motion was not on the merits and Morgan was not prejudiced by the delay.