Donald Stephen Redus, individually and on behalf of all others similarly situated v. Birner STL LLC

Redus v. Birner STL LLC · United States District Court for the Eastern District of Missouri, Eastern Division · March 9, 2026 · No. 4:25-CV-01387-NCC

Summary

The court grants Birner STL LLC’s motion to compel arbitration and stay proceedings in Donald Stephen Redus’s FLSA and Missouri wage-law action. The court finds that Birner presented sufficient unrebutted evidence that Redus electronically assented to a valid arbitration agreement containing an enforceable class action waiver, and rejects Redus’s formation, unconscionability, and limited-discovery arguments.

Holdings

  1. Birner established through the electronically signed agreement and its HR manager's unrebutted declaration that Redus received, reviewed, and assented to a valid arbitration agreement.
  2. Redus did not create a genuine issue of material fact merely by asserting evidentiary gaps; he was required to identify specific evidence disputing formation or assent.
  3. The agreement encompassed Redus's employment-related FLSA and Missouri wage-and-hour claims.
  4. The class-action waiver was enforceable and required Redus's FLSA claims to be arbitrated individually.
  5. Redus failed to establish that the arbitration agreement or class-action waiver was unconscionable.
  6. The proceeding was stayed pending arbitration, and the parties were ordered to notify the court within ten days after arbitration concluded.

Questions Presented

  1. Whether Birner established the existence of a valid and enforceable arbitration agreement under Missouri contract law.
  2. Whether the arbitration agreement encompasses Redus's FLSA overtime and Missouri wage claims.
  3. Whether the agreement's class-action waiver is enforceable as to Redus's FLSA collective-action claims.
  4. Whether Redus presented sufficient evidence to create a genuine dispute of material fact concerning formation or assent.
  5. Whether the arbitration agreement is unconscionable.
  6. Whether the federal action should be stayed pending arbitration.

Disposition

other

Cases Cited (22)

  • Hoffman v. Cargill Inc., 236 F.3d 458, 461 (8th Cir. 2001)(followed)
  • AT&T Mobility LLC v. Concepcion, AT&T Mobility LLC v. Concepcion, 563 U.S. 333, 339 (2011)(followed)
  • Pro Tech Indus., Inc. v. URS Corp., 377 F.3d 868, 871 (8th Cir. 2004)(followed)
  • Foster v. Walmart, Inc., 15 F.4th 860, 862-63 (8th Cir. 2021)(followed)
  • Rent-A-Center, W., Inc. v. Jackson, 561 U.S. 63, 67 (2010)(followed)
  • First Options of Chicago, Inc. v. Kaplan, 514 U.S. 938, 944 (1995)(followed)
  • City of Benkelman, Neb. v. Baseline Eng'g Corp., 867 F.3d 875, 881-82 (8th Cir. 2017)(followed)
  • Ballou v. Asset Mktg. Servs., LLC, 46 F.4th 844, 851 (8th Cir. 2022)(followed)
  • Torgerson v. City of Rochester, 643 F.3d 1031, 1042 (8th Cir. 2011) (en banc)(followed)
  • Tinder v. Pinkerton Sec., 305 F.3d 728, 735 (7th Cir. 2002)(followed)

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