Stoner

I. BACKGROUND

A. SCA’s Arbitration Agreement

SCA has a “Mutual Arbitration Agreement—California” (Arbitration Agreement) for its employees. With a few exceptions, this agreement covers, “to the maximum extent permissible under federal and state law,” claims relating to an employee’s employment, including “claims for wages and other compensation” and “claims for violation of any federal, state or other government law.” The Arbitration Agreement generally requires that arbitrations be administered by the American Arbitration Association (AAA), and it provides for discovery and an award in writing. In addition, the agreement expressly waives an employee’s right to bring claims “on a multi-plaintiff, class, collective, or representative basis.” The Arbitration Agreement repeatedly indicates that employees are to accept the agreement by signing it. The agreement’s introduction states that that “the undersigned employee . . . and the Company agree, by signing this Agreement, to use the arbitration procedures in this Agreement instead of a trial in court before a judge or jury.” (Italics added.) The agreement also states that an employee may obtain a copy of AAA rules “before signing…