An employee who signed an arbitration clause which covered only individual claims filed a wage and hour class action on behalf of similarly situated employees.  The employee subsequently was asked to sign an updated arbitration agreement, which covered class claims.  The employer moved to compel arbitration of the pending class action, but the district court refused and the court of appeals affirmed.  Russell v. Citigroup, Inc., No. 13-5994 (6th Cir. Apr. 4, 2014).  The court of appeals observed that the new agreement covered only disputes that “arise between [employee] and [employer]”, and the use of the present-tense “arise” suggested that the contract governs only disputes that begin in the present or future.  The employee testified that this was his intent as well.  Looking at the backdrop of the contract as a whole, the situation of the parties and the conditions under which the contract was written, the court concluded that the new arbitration clause did not apply to the pending class action claims.