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Munoz v. Pro Custom Solar

Contract's Signature Manifested Assent to Arbitration Terms Therein

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MEMORANDUM DECISION AND ORDER   The plaintiff brings this action against the defendants Momentum Solar, LLC (formerly Pro Custom Solar) and Arthur Souritzidis under the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). The plaintiff alleges that the defendants did not pay him minimum wage, overtime wages, and “spread of hour” wages, and did not provide him with wage statements. Before the Court is the defendants’ unopposed motion to compel arbitration. For the reasons explained below, the defendants’ motion is granted. The action is stayed pending arbitration of the plaintiff’s claims. BACKGROUND I. Factual Background The following facts are drawn from the complaint, the defendants’ brief, and exhibits in this case.1 Momentum Solar, LLC, formerly Pro Custom Solar, is a domestic Limited Liability Company located in New Jersey and organized under New York law. (ECF No. 1

2, 8.) Arthur Souritzidis is the CEO and owner. (Id. 7.) In February 2022, Momentum Solar hired the plaintiff to sell solar energy products, services, and systems to residential and commercial customers. (Id.

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