Kay v. Kuehner v. Dickinson & Company, an Iowa Corporation

I.

Kay Kuehner sued Dickinson & Co. for violations of the Fair Labor Standards Act and wrongful discharge under California tort law. She appeals the district court’s interlocutory order staying proceedings pending the arbitration of her claims. We have jurisdiction pursuant to 28 U.S.C. § 1292 (b) and 9 U.S.C. § 16 (b). We affirm.

Dickinson & Co. hired Kuehner as a securities sales representative on September 14, 1992. Kuehner alleges that two months after she was hired, she requested pay at a mini mum wage for all of the hours she worked. Kuehner alleges that Dickinson & Co. refused, and terminated her on November 18, 1992.

Kuehner had registered with the National Association of Securities Dealers at the beginning of her employment by signing a Form U-4, a standardized contract used throughout the securities industry. Paragraph 5 provides:

The SEC approved amendments to the NASD Code of Arbitration Procedure after Dickinson & Co. fired Kuehner but before Kuehner sued. At the time of Kuehner’s termination, Part I, § 1 provided that:

Part II, § 8 provided that:

The SEC approved amendments to these provisions on August 31, 1993. The new Part I, § 1 makes eligible for…