Balen v. Holland America Line

583 F.3d 647, 2009 AMC 2561 (2009)

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Balen v. Holland America Line

United States Court of Appeals for the Ninth Circuit
583 F.3d 647, 2009 AMC 2561 (2009)

CS

Facts

Romeo Balen (plaintiff) worked as a beverage attendant on a cruise ship owned by Holland America Line (HAL) (defendant). Balen was a citizen of the Philippines, and Balen’s employment with HAL was subject to a standard Philippines-government-approved contract for seamen that included a provision requiring disputes to be settled by arbitration. Balen’s employment required participation in the HAL gratuity plan, which provided a guaranteed minimum gratuity payment to HAL employees but also required employees to reimburse HAL for travel expenses. Balen was discharged from his employment with HAL after he failed to pay the travel expenses he owed to HAL under the gratuity plan. Balen sued HAL in federal district court for breach of contract and violation of the Wage Act. HAL moved to dismiss Balen’s claim and compel arbitration of the issue under the terms of the employment contract. The district court granted the motion. Balen appealed.

Rule of Law

Issue

Holding and Reasoning (Smith, J.)

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