Overstock.com Worker’s Unpaid Overtime Suit Sent to Arbitration

Overstock.com Inc. won its bid to keep a call center worker’s unpaid overtime allegations out of court for now, after a federal judge in Utah said their arbitration clause is enforceable.

It’s up to an arbitrator, not a judge, to decide whether the wage-and-hour claims raised in former employee Taunja Love’s would-be class case fall within the arbitration clause’s scope, the US District Court for the District of Utah said. But Love successfully argued that the agreement’s fee-shifting and cost payment provisions are unconscionable.

Love accuses the online retailer of violating the Fair Labor Standards Act and Washington state ...