Silva

I. FACTS AND PROCEDURAL BACKGROUND1

Silva was an hourly, non-exempt maintenance mechanic at True Organic, an organic fertilizer manufacturer, between November 2016 and August 2019. On November 21, 2016, the parties signed an arbitration agreement when Silva was first hired. For reasons unexplained in the record, the parties signed a second arbitration agreement on March 1, 2018.2 True Organic stated that it does not require employees to sign the arbitration agreement, and employees who do not sign the arbitration agreement are able to retain their employment with the company. Section 1 of the arbitration agreement states, “Any disputes which cannot be resolved informally between the parties shall be submitted to final and binding arbitration in Fresno County, California. The parties expressly state that it is their intent to arbitrate any and all disputes between them, including, but not limited to, all disputes arising out of their employment relationship, the termination of that relationship, claims of discrimination, harassment, breach of contract, tortious conduct, statutory violations, unpaid wages, overtime, penalties or any injury to [e]mployee’s physical, mental, or…