The Court of Appeal of California has held that an employer cannot compel arbitration of a wage claim when the language in the parties’ arbitration agreement excluded wage-and-hour claims.
The court said a provision in an agreement that expressly excluded “any matter within the jurisdiction of the California Labor Commissioner” removed from arbitration any claim that could have been decided by the state labor commission, regardless of whether the claim was actually filed with the commissioner.
Recent case: Maria worked for Tilly’s, the surf- and skate-wear retailer, as a warehouse worker. She filed a lawsuit on behalf of herself and a putative class of similarly situated workers, alleging meal and rest period violations, along with other wage-and-hour claims.
Tilly’s moved to compel arbitration based on three arbitration agreements that Maria had signed over the years. The first, signed in 2001, stated that “any matter w...(register to read more)